Part 4. Standards for Specific Land Uses

Chapter 21.48
STANDARDS FOR SPECIFIC LAND USES

Sections:

21.48.010    Purpose.

21.48.025    Visitor Accommodations.

21.48.035    Newport Harbor.

21.48.045    Light Industrial Uses.

21.48.055    Public Beaches.

21.48.085    Public Trust Lands.

21.48.115    Short-Term Lodging.

21.48.200    Accessory Dwelling Units.

21.48.010 Purpose.

This chapter provides additional site planning, development, and operational standards for a variety of specified land uses. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.48.025 Visitor Accommodations.

A.    Applicability. The provisions of this section shall apply to applications involving the development of new visitor accommodations or the expansion, reduction, redevelopment, demolition, conversion, closure, or cessation of existing visitor accommodations.

B.    Considerations. The review authority shall consider:

1.    The development’s ability to protect, encourage, or provide low cost visitor-serving and recreational facilities on the project site or in the immediately adjacent area; and

2.    The development’s impact to, and ability to provide, public recreational opportunities;

3.    The feasibility to rehabilitate existing low cost accommodations to meet a minimum acceptable level of comfort and hospitality while maintaining the ability to provide low cost visitor accommodations; and

4.    The range of room types and room rates Citywide.

C.    Protection of Low Cost Visitor Accommodations.

1.    Low, Moderate, and High Cost Visitor Accommodations Defined. For purposes of this subsection, visitor accommodations shall be defined as low, moderate, or high cost as follows:

a.    Low Cost. The average daily room rate of all economy hotels and motels in the City that have room rates that are below the Statewide average daily room rate or lower. Economy hotels and motels are AAA-rated one or two diamond hotels, or equivalent.

b.    Moderate Cost. The average daily room rate is between low cost and high cost.

c.    High Cost. The average daily room rate is one hundred twenty (120) percent of the Statewide average daily room rate or greater.

For purposes of this section, room rate shall include the equivalent rental rate for campgrounds, recreational vehicle parks, hostels, and similar visitor accommodations.

2.    Feasibility Analysis Required. An analysis of the feasibility of providing lower cost visitor accommodations shall be required for any application involving the expansion, reduction, redevelopment, demolition, conversion, closure, or cessation of any project involving visitor accommodations, with the exception of short-term lodging. If the proposed rates are not lower cost, the feasibility study shall explain why providing lower cost accommodations as part of the project is not feasible. This explanation shall address: the land value; development costs; a breakdown of the estimated annual revenues (including average daily rate and occupancy rates); a breakdown of the estimated operating costs; and any other information necessary to address the feasibility of providing lower cost accommodations on site.

The feasibility analysis shall be prepared at the applicant’s expense.

3.    Impact Analysis Required. An analysis of a development’s impact on the availability of lower cost visitor accommodations in the City shall be required for any application involving:

a.    The expansion, reduction, redevelopment, demolition, conversion, closure, or cessation of any project involving visitor accommodations, with the exception of short-term lodging; or

b.    New or limited use overnight visitor accommodations.

The impact analysis shall be prepared at the applicant’s expense.

4.    Impact Defined. The proposed development would result in the decrease in the available supply of existing lower cost visitor accommodations, or would fail to provide a range of affordability, including at least twenty-five (25) percent of the rooms as low cost accommodations, or fail to use land suitable for lower cost accommodations for that purpose with the exception of short-term lodging.

5.    Mitigation. If the review authority determines that the development will impact existing lower cost visitor-serving accommodations, or provide only high or moderate cost visitor accommodations or limited use overnight visitor accommodations such as timeshares, fractional ownership and condominium-hotels, then mitigation commensurate with the impact shall be provided by one of more of the following:

a.    Replacement of low cost rooms lost shall be provided at a one-to-one ratio either on site or a suitable off-site location within the City;

b.    Payment of an in-lieu fee commensurate with the impact shall be required;

c.    Programmatic components that provide low cost overnight accommodations; or

d.    Other form of mitigation addressing cost of stay.

The review authority may authorize deviations from development standards that provide economic incentives to the development to maintain affordability.

6.    In-Lieu Fee Program. Specific detailed information regarding calculation and use of any required in-lieu fees as part of a mitigation program shall be included as a condition of approval of the Coastal Development Permit for the visitor accommodations.

7.    Rate Control and Income Eligibility Requirements Prohibited. In no event shall a development as mitigation be required:

a.    To provide overnight room rental be fixed at an amount certain; or

b.    To establish any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.

8.    Protection of Short-Term Lodging. Most short-term lodging units meet the low cost definition when maximum occupancy is taken into account. Short-term lodgings can accommodate more people than a typical hotel room. They also provide full-sized, equipped kitchens allowing families or larger groups to reduce the overall cost of a visit by allowing them to prepare meals as an alternative to dining out. The City shall continue to permit short-term lodgings as a means of providing lower cost overnight visitor accommodations while continuing to prevent conditions leading to increased demand for City services and adverse impacts in residential areas and coastal resources.

D.    Conversion to LUOVA Prohibited. The conversion of any hotel or motel unit or similar visitor accommodation for which a certificate of occupancy has been issued on or before July 14, 2009, to a limited use overnight visitor accommodations (LUOVA) shall be prohibited, except as provided in subsection (D)(1) of this subsection.

1.    Exceptions to Conversion Prohibitions. A LUOVA project shall be permitted on the hotel resort property located at 1107 Jamboree Road, subject to a coastal development permit conditioned with the following requirements:

a.    LUOVA units shall be provided together with traditional overnight, hotel visitor accommodations; and

b.    A minimum of three hundred ninety-one (391) traditional hotel units shall remain available for transient overnight use by the general public year round and no more than eighty-eight (88) of the total four hundred seventy-nine (479) units planned may be LUOVA units; and

c.    Owner use of LUOVA units shall not exceed a maximum of ninety (90) days per calendar year with a maximum of twenty-nine (29) days of use during any sixty (60) day period; and

d.    LUOVA units shall be maintained by the management of the hotel facility and shall be remain available for transient overnight use by the general public when not occupied by the owner; and

e.    The hotel owner/operator shall retain control and ownership of all land, structures, recreational amenities, meeting space, restaurants, and other non-guest room/units; and

f.    The proposed LUOVA project shall comply with the provisions of subsection (C) of this section.

E.    Tsunami Information and Evacuation Plans. Visitor-serving accommodations in areas identified as susceptible to tsunami inundation shall be required to provide guests with information on tsunami information and evacuation plans. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.48.035 Newport Harbor.

A.    Priority of Uses. Priority shall be given to coastal-dependent uses over other uses on or near the shoreline. When appropriate, coastal-related developments shall be accommodated within reasonable proximity to the coastal-dependent uses they support.

B.    Development Standards. Where applicable, development in Newport Harbor shall:

1.    Protect, and where feasible, expand and enhance vessel-launching facilities in Newport Harbor;

2.    Protect, and where feasible, expand and enhance low-cost public launching facilities, such as trailer launch ramps, boat hoists, commercial landing facilities, and organized recreational boating launch facilities;

3.    Provide a variety of berthing opportunities reflecting State and regional demand for slip size and affordability throughout Newport Harbor;

4.    Protect, and where feasible, enhance and expand marinas and dry boat storage facilities;

5.    Protect, and where feasible, expand and enhance shore moorings and offshore moorings as an important source of low-cost public access to the water and harbor;

6.    Protect, and where feasible, enhance and expand dinghy docks, guest docks at public facilities, yacht clubs and at privately owned marinas, restaurants and other appropriate locations;

7.    Protect, and where feasible, expand and enhance facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump-out stations and other features through City, County, and private means;

8.    Protect, and where feasible, expand and enhance facilities necessary to support vessels berthed or moored in the harbor, such as boat haul-out facilities;

9.    Protect, and where feasible, expand and enhance existing harbor support uses serving the needs of existing waterfront uses, recreational boaters, the boating community and visiting vessels;

10.    Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that are not provided by the public sector and that are essential to the operation of a harbor;

11.    Provide, expand and enhance, where feasible, existing recurring and year-round harbor special permits and special purpose uses such as boat shows and boating festivals, boat sales displays and delivery/commissioning facilities. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.48.045 Light Industrial Uses.

This section provides standards for industry, manufacturing and processing, and warehousing uses permitted in commercial, mixed-use and planned community coastal zoning districts.

A.    Priority shall be given to coastal-dependent and coastal-related industrial development over other developments on or near the shoreline. Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and allowed reasonable long-term growth.

B.    New hazardous industrial development shall be located away from existing developed areas, where feasible. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.48.055 Public Beaches.

A.    General. Public beaches shall be protected as a means of providing free and lower cost recreational opportunities.

B.    Limits on Uses. Land uses and development on public sandy beach areas shall be limited to those structures directly supportive of visitor-serving and recreational uses, such as public safety facilities, restroom facilities, showers, bikeways, walkways, public recreation facilities, and similar public facilities. Such structures shall be designed and sited to minimize impacts to public coastal views.

C.    Parking. Public parking shall be permitted provided there are no significant adverse impacts to public beaches or the public’s right of access to the bay and ocean. Any proposed change(s) to existing public parking shall be reviewed to determine whether an amendment to an existing coastal development permit or a new coastal development permit is required.

D.    Dory Fleet. The historic Dory Fishing Fleet shall be permitted to be launched and stored and to sell fish on the public beach adjacent to Newport Pier, subject to the following regulations:

1.    Location. The Dory Fishing Fleet Zone is delineated by existing pilings erected by the City.

2.    Limits on Operation.

a.    The Dory Fishing Fleet Zone shall be reserved for full-time Dory Fishermen who derive their livelihood from commercial fishing.

b.    Dory fishing vessels allowed to be launched and stored on the public beach shall be a traditional Dory design vessel (i.e., a small, shallow-draft boat, approximately sixteen (16) to twenty-three (23) feet long).

c.    The Dory Fishing Fleet Zone is not to be used as a launching facility for itinerant commercial or sport fishing enterprises.

d.    The Dory sheds permitted within the designated boundaries are to be used by the Dory Fishermen only for the storage of equipment and supplies and are not to be used for temporary or permanent human habitation.

3.    Limits on Development. A maximum of twenty (20) Dory storage sheds, no larger than ten (10) feet by ten (10) feet, with roof ridge heights not to exceed nine feet, shall be permitted.

E.    Beach Hours.

1.    Existing Restrictions. Since 1947, the City of Newport Beach has regulated the use of the public beaches at night for the preservation of public health, peace, and safety. Use of any public bay, beach, or oceanfront shall be consistent with the certified LCP. Beach hours shall be from 6:00 a.m. to 10:00 p.m.

2.    Access to State Tidelands. A public beach closure/curfew by the City cannot apply to the area seaward of the mean high tide line. Public access to the water’s edge and at least twenty (20) feet inland of the wet sand of all beaches shall be permitted at all times. Existing or new signage at beaches or beach parking lots shall not indicate or suggest a prohibition of public access to the shoreline at any time and any replacement or new signs shall explain the public’s right to gain access to State tidelands as defined above at all hours for recreational activities. Nothing in this LCP shall be construed as placing any limit or prohibition on the public’s right to gain access to State tidelands as defined above.

3.    Amendment Required to Change Beach Hours. Any change in the beach regulations or hours set forth in subsection (E)(1) of this section resulting in a closure to public use of any portion of the beach inland of the mean high tide line shall require an amendment to this Implementation Plan approved by the Coastal Commission.

4.    Emergency Closures. During public emergencies where a law enforcement agency temporarily closes a beach, parking lot, accessway or other coastal recreational facility to protect life or property, the closure shall remain in effect only for the duration of the emergency.

5.    Closures to Abate Public Nuisances. Pursuant to Coastal Act Section 30005, in situations where the City has declared a public nuisance, the abatement of which requires a closure, the closure shall remain in effect only until the declared nuisance is abated. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.48.085 Public Trust Lands.

A.    Applicability. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time.

B.    Limits on Uses. Public trust lands are subject to the Common Law Public Trust, which limits uses to navigation, fishing, commerce, public access, water-oriented recreation, open space and environmental protection.

C.    Exceptions. State legislation has modified public trust restrictions for the historic tidelands in Beacon Bay, the Balboa Bay Club, and Harbor Island.

1.    Beacon Bay. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and Senate Bill 573 (Chapter 317, Statutes of 1997) allow the residential lots of Beacon Bay located within State tidelands to be leased for residential purposes until June 27, 2043.

2.    Balboa Bay Resort. The Beacon Bay Bill (Chapter 74 of the Statutes of 1978) and Assembly Bill 3139 (Chapter 728, Statutes of 1994) allow Parcel D of the Balboa Bay Resort to be leased for residential purposes until December 31, 2044.

3.    Harbor Island. Chapter 715, Statutes of 1984 allow the filled or reclaimed land on Harbor Island to be leased for nonpermanent recreational and landscaping purposes until March 22, 2047.

D.     Leases. The following restrictions shall apply to leases of public trust lands:

1.     Use of Leases. In the event public trust lands are used for commercial purposes by an entity other than the City, the City shall use leases to implement the provisions of this section. The City shall transition any public trust lands currently on annual permits to leases unless the City makes findings that a permit is more appropriate than a lease.

2.     Land Use. Land uses shall be consistent with the public trust land use restrictions. Priority shall be given to the provision of coastal-dependent uses.

3.     Public Access. Public access shall be provided in a manner consistent with Chapter 21.30A (Public Access and Recreation) and the public access and recreation policies of Chapter 3 of the Coastal Act.

4.     Revenue. Rental rates in the leases under this section shall be based upon the fair market value, as determined by an authorized appraiser, survey, or other appropriate valuation method, of the uses authorized in the lease or permit and as established by City Council. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.48.115 Short-Term Lodging.

A.    Purpose. This section provides standards for the operation of short-term lodging units to prevent overburdening City services and adverse impacts on residential neighborhoods and on coastal access and resources.

B.    Permits.

1.    No owner of a short-term lodging unit shall advertise for rent, or rent a lodging unit located within a residential district for a short term, without a valid short-term lodging permit for that unit, issued pursuant to Chapter 5.95.

2.    An owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of Chapter 5.95.

3.    As set forth in Section 5.95.042 of Chapter 5.95, the maximum number of short-term lodging permits shall be limited to one thousand five hundred fifty (1,550) permits at any time. If there are more than one thousand five hundred fifty (1,550) valid permits that have been issued as of January 13, 2022, no new permit shall be issued to anyone on the waiting list, as described in Section 5.95.042(D), until the total number of permits does not exceed the one thousand five hundred fifty (1,550) limit. To avoid wholesale conversion of existing and new housing complexes into short-term lodgings, multi-unit developments with five or more units may permit a maximum of twenty (20) percent of the total number of units to be short-term lodgings (rounded down to the nearest whole number).

4.    No short-term lodging unit shall be permitted on any lot in the R-1 (Single-Unit Residential) Coastal Zoning District or any lot designated for single-unit dwelling land use as part of a planned community development plan, unless the short-term lodging unit was legally established on or before June 1, 2004.

C.    Operational Standards. The owner, or any other person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit, shall comply with all Federal, State, and local laws, rules, regulations and conditions of approval including, but not limited to, all short-term lodging permit conditions, as set forth in Chapter 5.95. In addition, the owner, or any other person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit, shall:

1.    By written agreement, limit overnight occupancy of the short-term lodging unit to the maximum permitted by the Building Code and Fire Code.

2.    Use best efforts to ensure that the transient user, occupants and/or guests of the short-term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State or Federal law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs.

3.    Upon notification that any transient user, occupant and/or guest of his or her short-term lodging unit has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or any State or Federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by any transient user, occupant or guest.

4.    Use best efforts to ensure compliance with applicable health and sanitation regulations relating to waste disposal.

5.    Post a copy of any applicable permits and conditions in a conspicuous place within the unit.

6.    Not rent, let, advertise for rent, or enter into an agreement for the rental of any lodging unit, for less than two consecutive nights.

7.    The City Manager shall have the authority to impose additional standard conditions, applicable to all short-term lodging units, as necessary to achieve the objectives of this section.

D.    Additional Permit Conditions for Newport Island (Map A-16). To the extent there is any conflict between this subsection and other provisions of the Code related to short-term rentals on Newport Island (Map A-16), this subsection shall govern and control.

1.    In addition to the restriction set forth in Section 5.95.042 and subsection (B)(3) of this section, the maximum number of short-term lodging permits issued for units located on Newport Island shall be limited to twenty (20) short-term lodging permits at any one time. If there are more than twenty (20) valid short-term lodging permits that have been issued as of January 13, 2022, an owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of Chapter 5.95; however, no new permit shall be issued unless: (a) permits are available for issuance pursuant to Section 5.95.042 and subsection (B)(3) of this section; and (b) the total number of permits for units located on Newport Island does not exceed twenty (20). If the City has issued the maximum number of permits available for units on Newport Island, the City shall maintain a waiting list and follow the same procedures as set forth in Section 5.95.042(D). For purposes of this subsection, the maximum number of permits available will be calculated in the same manner as set forth in Chapter 5.95.

2.    An owner, agent, or other person shall only be allowed to rent a dwelling unit on Newport Island for a short term if the dwelling unit is located on a lot with an owner-occupied dwelling unit that is managed by the owner of the owner-occupied dwelling unit.

3.    The owner and/or agent shall limit the overnight occupancy of the short-term lodging unit on Newport Island to the lesser of: (a) the number of occupants that can be accommodated consistent with the on-site parking requirement set forth in subsection (D)(4) of this section, or (b) two persons per bedroom plus two additional persons, up to a maximum of ten (10) persons. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 p.m. with the maximum daytime occupancy limited to a number equal to maximum overnight occupancy plus six additional persons. The occupancy restrictions set forth in this subsection shall be set forth in a written rental agreement.

4.    Each short-term lodging unit on Newport Island shall provide a minimum of one parking space in an existing garage or carport. Occupancy shall be limited to a maximum of five overnight guests for a short-term lodging unit providing only one parking space. The parking required by this subsection shall be free of obstructions and available for use by the short-term lodging user.

5.    Any existing permit holder of a dwelling unit that is not located on an owner-occupied lot per subsection (D)(2) of this section or does not meet the parking requirements of subsection (D)(4) of this section will be permitted to retain their permit until January 13, 2023.

6.    No owner, agent, or other person shall rent or let a short-term lodging unit on Newport Island more than once in any seven-consecutive-day period. (Ord. 2021-28 § 12, 2021)

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 a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.

C.    Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a zoning clearance provided by the Director and the following conditions:

1.    There is an existing or proposed dwelling unit on the lot;

2.    The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section;

3.    The dwelling conforms to the coastal resource protection development regulations of Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay District), Section 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B (Habitat Protection); and

4.    Zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City determines an application to be complete, unless either:

a.    The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or

b.    In the case of an application for an accessory dwelling unit and/or junior accessory dwelling unit submitted with an application to create a new single-unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling application until the City renders a decision on the new single-unit dwelling application.

D.    Coastal Development Permits.

1.    Application. The applicant shall obtain a coastal development permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the coastal development permit process pursuant to Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) or Section 21.52.045 (Categorical Exclusions).

2.    Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) regarding the review and approval of coastal development permits in relation to accessory dwelling units are applicable, except that a public hearing as required by Chapter 21.62 (Public Hearings) shall not be required. Public notice shall be provided as required in Section 21.62.020, except the requirements of Section 21.62.020(A) shall be replaced with a statement that no local public hearing will be held and that written comments on the proposed development may be submitted. Written comments received shall be reviewed by the review authority.

3.    Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as “appealable development” pursuant to Section 21.64.035(A) may be directly appealed to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearing by the Planning Commission or City Council.

E.    Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. For the purposes of this section, “multi-unit dwelling” means a structure or development containing two or more dwelling units. Unless otherwise specified below, only one 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 accessory dwelling unit or one junior accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi-unit dwelling, subject to the following:

a.    The accessory dwelling unit is proposed:

i.    Within the space of a proposed single-unit or multi-unit dwelling; or

ii.    Within the existing space of an existing single-unit or multi-unit dwelling; or

iii.    Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of the existing structure of up to one hundred fifty (150) square feet if the expansion is limited to accommodating ingress and egress.

b.    The junior accessory dwelling unit is proposed:

i.    Within the space of a proposed single-unit dwelling; or

ii.    Within the existing space of an existing single-unit dwelling.

c.    The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single-unit dwelling.

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

2.    Detached/Attached on Lot with Single-Unit or Multi-Unit Dwelling Category. One detached, new construction accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi-unit dwelling. A detached, new construction accessory dwelling unit may also be permitted in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (E)(1)(b) of this section.

3.    Conversion of Multi-Unit Dwelling Category. Multiple accessory dwelling units may be permitted on lots with existing multi-unit dwellings subject to the following:

a.    The number of accessory dwelling units shall not exceed twenty-five (25) percent of the existing multi-unit dwellings on the lot. For the purpose of calculating the number of allowable accessory dwelling units, the following shall apply:

i.    Previously approved accessory dwelling units shall not count towards the number of existing multi-unit dwellings;

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

b.    The portion of the existing multi-unit dwelling that is to be converted to an accessory dwelling unit is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages.

4.    Detached on Multi-Unit Lot Category. Up to two detached accessory dwelling units may be constructed on a lot that has an existing multi-unit dwelling. For the purposes of this section, multi-unit developments approved and built as a single complex shall be considered one lot, regardless of the number of parcels.

F.    Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan), including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria.

1.    Minimum Lot Area. There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit.

2.    Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below:

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

b.    For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with 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.

c.    Attached and detached accessory dwelling units may provide a minimum setback of four feet from all side property lines and rear property lines not abutting an alley.

3.    Building Height. Detached accessory dwelling units shall not exceed one story and a height of sixteen (16) feet. Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall not exceed two stories and the maximum allowable height of the underlying zoning district, provided all the following criteria are met:

a.    The accessory dwelling unit meets the minimum setbacks, as required by underlying zoning district; and

b.    The principal dwelling unit complies with parking standards set forth in Section 21.40.040.

4.    Unit Size.

a.    The maximum size of a detached or attached accessory dwelling unit is 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.

b.    An attached accessory dwelling unit that is created on a lot with an existing single-unit dwelling is further limited to fifty (50) percent of the floor area of the existing dwelling.

c.    Application of the size limitations set forth in subsections (F)(4)(a) and (F)(4)(b) of this section shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure.

d.    Application of size limitations set forth in subsection (F)(4)(b) of this section, or other development standards, such as floor area limit or site coverage, may further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet and the accessory dwelling unit shall not exceed a height of sixteen (16) feet measured from the finished grade as determined by the Director.

e.    The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.

f.    The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit.

5.    Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials.

6.    Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall not require fire sprinklers so long as fire sprinklers are not required for the principal residence; however, fire sprinklers are encouraged.

7.    Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior accessory dwelling unit. For the purposes of this section, “passageway” means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit.

8.    Parking. Parking shall comply with requirements of Chapter 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 parking space shall be required for each accessory dwelling unit.

c.    When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet.

d.    No parking shall be required for:

i.    Accessory dwelling units internal to a proposed principal residence or converted from existing space of principal residence or existing accessory structure;

ii.    Accessory dwelling units located within one-half mile walking distance of public transit. For the purposes of this section “public transit” shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public;

iii.    Accessory dwelling units located within an architecturally and historically significant historic district;

iv.    When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

v.    When there is a car-share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, “car-share vehicle” shall mean part of an established program intended to remain in effect at a fixed location for at least ten (10) years and available to the public.

e.    If an accessory dwelling unit replaces an existing garage, replacement spaces shall be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.

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).

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 connection between the accessory dwelling unit, junior accessory dwelling unit and the utilities.

3.    Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-unit or multi-unit dwelling(s), unless the accessory dwelling unit is being constructed in connection with a new single-unit dwelling 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.

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

1.    No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single-unit dwelling) or from the lot and all of the dwellings (in the case of a multi-unit dwelling).

2.    Short-Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less.

3.    Owner-Occupancy.

a.    Accessory Dwelling Units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person’s legal domicile and permanent residence. However, this owner-occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020, and January 1, 2025.

b.    Junior Accessory Dwelling Units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person’s legal domicile and permanent residence. However, this owner-occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

I.    Deed Restriction and Recordation Required.

1.    Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior accessory dwelling unit, the property owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner-occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot.

2.    For properties in flood hazard areas, deed restriction shall also include notice to future owners that the unit is located within an area that may be subject to flooding or future flooding.

3.    For properties located in low lying shoreline areas that may be subject to future sea level rise, the property owner shall also record a waiver of future protection in compliance with Section 21.30.015(E)(5).

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. (Ord. 2022-6 § 5, 2022)