Accessory Dwelling Unit Ordinance

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The City is in the process of amending its regulations to permit the development of Accessory Dwelling Units (ADUs) in single-family residential zoning districts.

What is an Accessory Dwelling Unit?

An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons, which is located on the same parcel as a single-family dwelling and generally takes three forms:

  • Detached: The unit is separated from the primary structure.
  • Attached: The unit is attached to the primary structure.
  • Repurposed Existing Space (Conversion): Space (e.g., master bedroom) within the primary residence is converted into an independent living unit.

Why is the City revising its regulations?

The State of California adopted new legislation (Senate Bill 1069 and Assembly Bill 2299, Statues 2016) related to the development of ADUs, which went into effect January 1, 2017. The new law requires jurisdictions to amend their local zoning ordinances to conform to Government Code Section 65852.2. The intent of the legislation is to reduce barriers to the development of ADUs, which have been found to be an affordable-by-design type of housing that can meet the needs of couples, small families, young people, students and seniors by offering new below market rentals in existing neighborhoods. Significant provisions of the new law include:

  • Prohibiting local governments from precluding or unreasonably restricting ADUs
  • Reducing parking standards for ADUs
  • Requiring ministerial approval (no public hearings) for ADUs

A memorandum prepared by the State of California Housing and Community Development Department explaining the new State law can be found here.

How does this affect my community?

The amendments may allow a homeowner to obtain a building permit to develop an ADU within your community. However, State law does not prohibit Homeowner’s Associations abilities to relate ADUs and does not override Covenants, Conditions, and Restrictions (CC&Rs).

Where can I obtain more information?

You may contact Jaime Murillo, Senior Planner, at (949) 644-3209 or e-mail at jmurillo@newportbeachca.gov.

Will there be public meetings?

Yes, City staff will be presenting the proposed amendments to both the Planning Commission and City Council at regularly scheduled public hearings. Separate public hearing notices will be distributed. See public meeting materials below:

May 4, 2017 – Planning Commission – Agenda item continued to June 8, 2017
June 8, 2017 – Planning Commission – Scheduled

 

ADU