ORDINANCE NO. 3226-21
URGENCY ORDINANCE REGARDING SB 9
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EXTENSION OF URGENCY ORDINANCE NO. 3226-21
AN EXTENSION OF INTERIM URGENCY ORDINANCE NO.
3226-21 OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, AMENDING THE
REDONDO BEACH MUNICIPAL CODE TITLE 10,
CHAPTERS 1, 2, AND 5, TO PROVIDE OBJECTIVE
STANDARDS FOR SENATE BILL 9 (SB 9) BY PROVIDING
REGULATIONS RELATED TO URBAN LOT SPLITS AND
TWO-UNIT PROJECTS SUBJECT TO SENATE BILL 9 (SB
9)
WHEREAS, SB 9, the California Housing Opportunity and More Efficiency (HOME) Act, was signed into law by the Governor on September 16, 2021 and will go into effect on January 1, 2022; and
WHEREAS, the law requires cities and counties to ministerially approve certain two-unit projects and lot splits. Under the law, if a lot split is followed by the development of a two-unit project on each lot, four units could be built on what was previously a singlefamily residential parcel; and WHEREAS, the law allows local agencies to adopt objective standards to govern these types of projects, yet imposes restrictions on what agencies can require, including limits on parking and setback requirements. Additionally, in order to qualify for a two-unit project or lot split, parcels must meet certain criteria under the law.
WHEREAS, on January 19, 2021, with the concurrence of the Mayor, the City Council approved Resolution No. CC-2102-009 which opposed SB 9 and acknowledged that if enacted into law, SB 9 would require cities and counties, including charter cities, to provide for the ministerial (“by right”) approval of housing projects containing two residential units (a duplex) and a parcel map dividing a lot into two equal part (“lot split”) for residential use; exemption of environmental review; and would approve these projects without discretionary review or a public hearing; thereby undermining local land use control and the concept of “Home Rule” by the imposition of State legislation on local government agencies, including charter cities; and
WHEREAS, on September 10, 2021, the League of California Cities submitted a letter in opposition to SB 9, which was signed by 240 cities across California which acknowledged that housing affordability and homelessness are serious issues facing California cities. However, SB 9 as currently drafted does not guarantee the construction of affordable housing nor will it generate additional housing development which supports local flexibility, decision-making and community input. The letter concluded by urging state policymakers to avoid pushing new, unproven policies that would undermine local planning, changing rules mid-stream, or conflict with new housing laws that cities are now implementing; and
ORDINANCE NO. 3226-21
URGENCY ORDINANCE REGARDING SB 9
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WHEREAS, the California Environmental Quality Act does not apply to ministerial actions, so any of the new lots and new construction undertaken pursuant to SB 9 would not be subject to environmental review; and
WHEREAS, the City Council finds that SB 9 was passed without serious study or consideration of the potential impact related to character of single-family residential neighborhoods, vehicular and pedestrian safety, on-street parking demands, traffic, greenhouse gas emissions, air quality, housing affordability and other environmental factors; and
WHEREAS, the California Legislature has declared a statewide housing emergency, to be in effect until January 1, 2025; and
WHEREAS, California is experiencing a housing supply crisis, with housing demands outstripping supply. The housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the City Council finds that SB 9 was passed without consideration of the many efforts the City of Redondo Beach has taken to address housing affordability such as establishing the Pallet Shelter program and the initiation of the preparation of an Inclusionary Housing ordinance. These efforts were undertaken to increase housing supply in a more holistic community planning strategy while maintaining the unique character of our established neighborhoods; and
WHEREAS, as stated above and pursuant to SB 9, local agencies may adopt objective standards for the mandatory ministerial lot splits and two-unit project projects so that the standards take effect before January 1, 2022. Redondo Beach must quickly address the inadequacies of SB 9 by adopting objective standards as set forth in Exhibits 1, 2 and 3; and
WHEREAS, even with the adoption of the objective standards set forth in Exhibits 1, 2 and 3, City staff needs adequate time to study the full impact of SB 9 to fully understand whether additional objective standards are warranted to address the potential impacts of SB 9 while simultaneously achieving the legislative goals of providing increase housing, particularly increased affordable housing; and WHEREAS, the City Council finds that the City of Redondo Beach’s land use planning efforts to provide well thought out high density residential housing in appropriate areas of the City can be undermined each time an SB 9 lot split and/or project is undertaken and there is a current and immediate threat to public health, safety and welfare because without this urgency ordinance unfettered SB 9 lot splits and/or projects could occur without consideration for the environmental land use impacts thereof; and ORDINANCE NO. 3226-21
URGENCY ORDINANCE REGARDING SB 9
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WHEREAS, pursuant to California Government Code Section 65858 and in order to protect the public health, safety and welfare, the City Council may adopt as an urgency measure, an interim ordinance regulating any uses that may be in conflict with a contemplated general plan or zoning proposal that the City intends to study within a reasonable time; and
WHEREAS, on December 21, 2021, the City Council considered and adopted Urgency Ordinance No. 3226-21 for an initial 45-day period; and WHEREAS, on January 18, 2022, which was 10 days prior to the expiration of Urgency Ordinance No. 3226-21, the City Council did consider and approve the report of the City Council describing the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 3226-21 pursuant to Government Code Section 65858(d); and
WHEREAS, on February 1, 2022, the City Council held a public hearing to consider an extension of Urgency Ordinance No. 3226-21 for a period of 22 months and 15 days after providing the requisite notice pursuant to Government Code Section 65090; and WHEREAS, California Government Code Section 65858 expressly authorizes the City Council to adopt by four-fifths vote, without following the procedures otherwise required for the adoption of a zoning ordinance, an interim ordinance that might be in conflict with a contemplated general plan, specific plan or zoning proposal that the City Council is considering and intends to study within a reasonable time. The interim ordinance shall be of no further force and effect 22 months and 15 days after the initial 45-day period pursuant to section 65858.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Redondo Beach hereby incorporates and adopts the foregoing recitals and accompanying staff report as finding as though they were fully set forth herein as the City Council’s findings of necessity and urgency.
SECTION 2. Redondo Beach Municipal Code Title 10 Planning and Zoning, Chapter 1 Subdivisions is hereby amended by adding a new Article 15. Lot Splits as described in Exhibit A attached hereto and incorporated herein by reference.
SECTION 3. Redondo Beach Municipal Code Title 10 Planning and Zoning, Chapter 2 Zoning and Land Use, Article 2 Zoning Districts, Division 1 Single-Family Residential Zone is hereby amended by adding a new Section 10-2.505 Two-unit Projects as described in Exhibit B attached hereto and incorporated herein by reference.
SECTION 4. Redondo Beach Municipal Code Title 10 Planning and Zoning, Chapter 5 Coastal Land use Plan Implementing Ordinance, Article 2 Zoning Districts, ORDINANCE NO. 3226-21
URGENCY ORDINANCE REGARDING SB 9
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Division 1 Single-Family Residential Zone is hereby amended by adding a new Section 10-5.505 Two-unit Projects as described in Exhibit C attached hereto and incorporated herein by reference.
SECTION 5. This Ordinance is adopted as an urgency measure pursuant to Redondo Beach City Charter Section 9.11 and Government Code Section 65858. The City Council hereby finds that there is a current and immediate threat to the public health, safety and welfare resulting from unfettered SB 9 lot splits and/or projects could occur without consideration for the environmental land use impacts thereof.
SECTION 6. AUTHORITY. This interim urgency ordinance is enacted in accordance with the authority conferred on the City Council by California Government Code Section 65858, and so shall take effect immediately upon its adoption by a fourfifths vote of the City Council. This interim urgency ordinance shall continue in effect for an additional 22 months and 15 days beyond the original 45-day period for a total period of two years from the initial date of adoption on December 21, 2021.
SECTION 7. INCONSISTENT PROVISIONS. Any provisions of the Redondo Beach Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.
SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity 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 and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 9. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall make a minute of the passage and adoption thereof in the records and proceedings of the City Council at which the same is passed and adopted. The Ordinance shall be published by one insertion in the Easy Reader, the official newspaper of said City, and the same shall go into effect and be in full force and operation immediately and be in effect for an additional 22 months and 15 days beyond the original 45-day period in accordance with California Government Code Section 65858.
ORDINANCE NO. 3226-21
URGENCY ORDINANCE REGARDING SB 9
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PASSED, APPROVED, AND ADOPTED this 1
st day of February, 2022.
______________________________
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ______________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk ORDINANCE NO. 3226-21
URGENCY ORDINANCE REGARDING SB 9
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF REONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that the foregoing Ordinance No. 3226-21 was introduced and adopted at a regular meeting of the City Council held on the day of 1
st day of February, 2022 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Eleanor Manzano, CMC
City Clerk