Planning Commission Admin Report Setbacks and Encroachments 2022-01-20

Administrative
PORATED APRIL Report
J.1., File # PC22-3587 Meeting Date: 1/20/2022
To: PLANNING COMMISSION
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE

A PUBLIC HEARING FOR CONSIDERATION OF AMENDMENTS TO THE REDONDO BEACH MUNICIPAL CODE (RBMC) TITLE 10, CHAPTER 2 ZONING AND LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND USE PLAN IMPLEMENTING ORDINANCE PERTAINING TO SETBACKS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES (RBMC 10-2.1500 AND RBMC 10-5. 1500) AND STANDARDS FOR BUILDING AND OTHER PROJECTIONS IN ALL ZONES (RBMC 10-2.1522 AND RBMC 10-5.1522) AND CONSIDERATION OF A CALIFORNINA

ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION FOR THE PROPOSED AMENDMENTS IN ACCORDANCE WITH SECTION 15308 OF THE CEQA GUIDELINES
RECOMMENDATION:

1. Open public hearing;

2. Take testimony from staff and interested parties;

3. Close public hearing and deliberate; and

4. Adopt a resolution by title only subject to the findings contained therein:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF REDONDO BEACH,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCES AMENDING TITLE 10, CHAPTER 2, ZONING AND LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND

USE PLAN IMPLEMENTING ORDINANCE PERTAINING TO SETBACKS OF ACCESSORY

STRUCTURES IN RESIDENTIAL ZONES AND BUILDING AND OTHER PROJECTIONS IN ALL ZONES

BACKGROUND
The Planning Commission opened this public hearing on October 21, 2021, received a staff presentation, began discussions, continued the public hearing to December 16, 2021 and carried it over to January 20, 2022.

Attached are the October 21, 2021 administrative report, staff PowerPoint Presentation, meeting minutes, and public written comment.

ATTACHMENTS
Draft Resolution
Administrative Report Planning Commission October 21, 2021

Page 1 ends

15 J.1., File # PC22-3587 Meeting Date: 1/20/2022
Statt PowerPoint Presentation October 21, 2021
Minutes Planning Commission October 21, 2021 (excerpt)
Public written comments
Notice of Continued Public Hearing

Page 2 of 2 ends

16 RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF REDONDO BEACH, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL ADOPT
ORDINANCES AMENDING TITLE 10, CHAPTER 2
ZONING AND LAND USE AND TITLE 10, CHAPTER :

COASTAL LAND USE PLAN IMPLEMENTING

ORDINANCE PERTAINING TO SETBACKS OF

ACCESSORY STRUCTURES IN RESIDENTIAL ZONES

AND BUILDING AND OTHER PROJECTIONS IN ALL
ZONES
WHEREAS, the City Council has been made aware of ambiguities in the Redondo Beach Municipal Code Sections 10-2.1500 and 10-5.1500 and Sections 10-2.1522 and 10-5.1522 as a result of project appeals and comments from the community; WHEREAS, an application to the Planning Division for Administrative Design Review to allow an accessory structure that is attached to the rear elevation of the main home, which encroaches into the rear setback was denied by the Community Development Director on February 16, 2021, citing the section of the Zoning Code which requires a minimum separation of 5-feet between a dwelling unit and an accessory structure;
WHEREAS, on February 16, 2021 the property owner appealed the denial of the Administrative Design Review to the Planning Commission; WHEREAS, on March 18, 2021, the Planning Commission held a public hearing, and adopted Resolution No. 2021-03-PR-01 approving the accessory structure's roof to be attached to the rear elevation of the main home;
WHEREAS, an appeal of the Planning Commission's decision was filed by the neighbor directly to the rear of the subject of property on March 19, 2021 on the grounds that the Planning Commission's decision was attempting to conform with a structure that was already built, and the approval of the Planning Commission does not comply with Redondo Beach Municipal Code (RBMC) Section 10-2.1500(a) Setback Between Buildings;
WHEREAS, the appeal was considered by the City Council at a public hearing on June 1, 2021, and the appeal to City Council was denied, thus upholding the Planning Commission decision;
WHEREAS, in their discussions at the June 1, 2021 public hearing, the City Council determined that per Redondo Beach Municipal Code 10-2.1500, the accessory structure did not need a 5-foot setback from the dwelling unit, noting that Accessory Building is defined as a detached building which is subordinate to the main building or RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 1
17 structure on the same lot, whereas the definition of Accessory Structure does not have a stipulation regarding being attached or detached, and thus the attached accessory structure complies with RBMC 10-2.1500;
WHEREAS, RBMC 10-2.1522 was included in the discussions regarding the appeal hearing, where City Council determined that the accessory structure in that case was compliant with RBMC 10-2.1522;
WHEREAS, the City Council's decision on the appeal and interpretation of RBMC 10-2.1500 instigated the need to clarify the regulations of this code section; WHEREAS, concurrent to the appeal hearing process, City Council received concerns from the public regarding zoning limitations on installing air conditioner units ir he required setbacks as noted in RBMC 10-2.1522 and 10-5.1522 and directed staff to consider how the zoning code could be amended to provide some relief to allow air conditioner units during increased heat events and pandemic conditions requiring residents to be in their homes; and
WHEREAS, draft revisions to the Redondo Beach Municipal Code were prepared to represent the City Council interpretation during the appeal process and to provide relief to allow air conditioners in designated required setback areas; WHEREAS, the Planning Commission held a duly noticed public hearing, took public testimony, and considered the ordinance amendments on the 21st day of October, 2021 and continued the public hearing to December 16th, 2021.

NOW, THEREFORE,_THE PLANNING COMMISSION OF THE CITY OF
REDONDO BEACH, CALIFORNIA, DOES HEREBY FIND AS FOLLOWS:

SECTION 1. FINDINGS

1. In compliance with the California Environmental Quality Act of 1970, as amended (CEQA), and State and local guidelines adopted pursuant thereto, the zoning amendments qualify for CEQA exemption because the activity will not result in direct or reasonable foreseeable indirect physical change in the environment (Section 15060(c)(2)) and the activity is not a considered a project under CEQA and therefore qualifies for the general rule exemption under Section 15061(b)(3) of the CEQA Guidelines.

2. The amendments to the Zoning Ordinance are consistent with the General Plan.

3. The amendments to the Coastal Land Use Plan Implementing Ordinance are consistent with the City's Local Coastal Plan (LCP).

4. These amendments do not require a vote of the people under Article XXVII of the City Charter.

RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 2
18 SECTION 2. The above recitals are true and correct, and the recitals are incorporated herein by reference as if set forth in full.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission recommends that the City Council adopt the amendments to the Redondo Beach Municipal Code pertaining to setbacks of accessory structures in residential zones and building and other projections in all zones.

SECTION 2. AMENDMENT OF CODE. Title 10, Chapter 2 Section 10-2. 1500 "Accessory structures in residential zones." Subsection (a) to be amended as follows (NOTE: Additions are highlighted as underlined and deletions are highlighted in strikeout):
[PLANNING COMMISSION TO SELECT ONE OPTION FOR FINAL ADOPTION] [OPTION 1]
10-2.1500 Accessory structures in residential zones.
) Setbacks between buildings and structures. The minimum distanc etween a dwelling unit and an accessory building on the same site shall be fiv (5) feet. structure, or The minimum distance between two (2) accessory structures on the same site shall be five (5) feet. This subsection shall not be applicable to the R-MHP mobile home park zone.
[OPTION 2]
10-2.1500 Accessory structures in residential zones.
(a) Setbacks between buildings. The minimum distance between a dwelling unit and an accessory structure building, or between two (2) accessory structures buildings on the same site shall be five (5) feet. This subsection shall not be applicable to the R-MHP mobile home park zone.
[OPTION 3]
10-2.1500 Accessory structures in residential zones.
(a) Setbacks between buildings structures. The minimum distance between a dwelling unit and an accessory structure, or between two (2) accessory structures on the same site shall be five (5) feet. This subsection shall not be applicable to the R-MHP mobile home park zone.

SECTION 3. AMENDMENT OF CODE. Title 10, Chapter 5 Section 10-5.1500 "Accessory structures in residential zones." Subsection (a) to be amended as follows RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 3
19 (NOTE: Additions are highlighted as underlined and deletions are highlighted in strikeout):
[PLANNING COMMISSION TO SELECT ONE OPTION FOR FINAL ADOPTION] [OPTION 1]
10-5.1500 Accessory structures in residential zones.
(a) Setbacks between buildings and structures. The minimum distance etween a dwelling unit and an accessory building on the same site shall be five (5) feet. structure, or The minimum distance between two (2) accessor structures on the same site shall be five (5) feet.
[OPTION 2]
10-5.1500 Accessory structures in residential zones.
(a) Setbacks between buildings. The minimum distance between a dwelling unit and an accessory structure building, or between two (2) accessory structures buildings on the same site shall be five (5) feet. [OPTION 3]
10-5.1500 Accessory structures in residential zones.
(a) Setbacks between buildings structures. The minimum distance between a dwelling unit and an accessory structure, or between two (2) accessory structures on the same site shall be five (5) feet.

SECTION 4. AMENDMENT OF CODE. Title 10, Chapter 2 Section 10-2.402 "Definitions." to be amended as follows (NOTE: Additions are highlighted as underlined and deletions are highlighted in strikeout):
10-2.402 Definitions.

For the purposes of this chapter, certain words and terms used in this chapter are construed and defined as follows:
(a) Definitions.
(60) "Deck" shall mean a platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls.
a. "Deck, unenclosed" shall mean a deck open to the sky and not fully enclosed on more than two (2) sides.
(XX) "Patio" shall mean a flat outdoor space constructed at or near grade level, consisting of natural or man-made material, typically of stone or concrete, and not fully enclosed. Patios are open to the sky, however, a patio cover for shade protection may be permitted as an architectural feature as regulated in this Section.

RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 4
20 (XX) "Porch" shall mean a deck with a roof, with screens for walls or otherwise open, and not fully enclosed on more than two (2) sides.

SECTION 5. AMENDMENT OF CODE. Title 10, Chapter 5 Section 10-5.402 "Definitions." to be amended as follows (NOTE: Additions are highlighted as underlined and deletions are highlighted in strikeout):
10-5.402 Definitions.

For the purposes of this chapter, certain words and terms used in this chapter are construed and defined as follows:
(a) Definitions.
(64) "Deck" shall mean a platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls.
a. "Deck, unenclosed" shall mean a deck open to the sky and not fully enclosed on more than two (2) sides.

XX) "Patio" shall mean a flat outdoor space constructed at or near grade level, consisting of natural or man-made material, typically of stone or concrete, and not fully enclosed. Patios are open to the sky, however, a patio cover for shade protection may be permitted as an architectural feature as regulated in this Section.
(XX) "Porch" shall mean a deck with a roof, with screens for walls or otherwise open, and not fully enclosed on more than two (2) sides.

SECTION 6. AMENDMENT OF CODE. Title 10, Chapter 2 Section 10-2.1522 "Building and other projections in all zones." to be amended as follows (NOTE: Additions are highlighted as underlined and deletions are highlighted in strikeout):
10-2.1522 Building and other projections in all zones.
(a) Projections into required setbacks. The following projections may be permitted into required setbacks and setbacks between buildings:
(1) All zones.
a. Architectural features. Cornices, eaves, belt courses, sills, water heaters, cantilevered bay windows not containing any floor area, awnings affixed to the building facade, and fireplace chimneys, or any other similar architectural feature deemed as similar by the Community Development Director may project into a required side setback one-half the distance of the required side setback, or thirty (30) inches, whichever is less, and may project into a required front or rear setback, or into the required setback between buildings no more than thirty (30) inches.
b. Windows. Windows and other openings in buildings must maintain a thirty-six (36) inch to sixty (60) inch setback from the property line in accordance with Building Code.

RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 5
21 C.a. Basement light wells. Basement light wells projecting into a required setback must maintain at least a thirty-six (36) inch setback from the property line.
(2) All residential zones.
a. Unenclosed balconies. Unenclosed balconies may project a five (5) foot maximum distance into any front, side, or rear setback or required space between buildings, provided they are removed a minimum horizontal distance of twelve (12) feet from the front property line, ten (10) feet from the rear property line, five (5) feet from the side property line, and ten (10) feet from any accessory building. Railings or walls of that portion of balconies which project into required setbacks or setbacks between buildings shall not extend more than forty-two (42) inches from the floor level of the balcony. b. Unenclosed stairways. Unenclosed stairways and landing places shall be allowed to project into any required setback a maximum distance of six (6) feet but not closer than thirty (30) inches from any property line; provided, however, no unenclosed stairway or landing shall be allowed to encroach into any required setback area where such stairway provides access above the first story of any structure.

C. Decks Unenclosed decks, porches, and patios.

1. Side and rear setbacks. No side or rear setback is
required for uncovered decks and patios not more than thirty (30) inches in height above existing grade. Decks and patios

Notwithstanding anything in this title to the contrary, a satety railing shall be permitted as necessary to meet the minimum requirements under the Uniform Building Code.

Flagpoles. Flagpoles may encroach into any setback
provided that the height of the zone in which it is located is not exceeded. e. Pools and spas. Pools and spas, above and below
ground, may encroach any distance into a required side setback, rear setback, and/or setback between buildings. Mechanical equipment for pools and spas may encroach any distance into a required rear setback or setback between buildings. No pool, spa, and/or associated mechanical equipment shall encroach into a required front setback.

RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 6
22 f. Other architectural features and structures. Arbors, architectural archways, bowers, pergolas, patio covers, lampposts, and other architectural features or structures deemed as similar by the Community Development Director, may project into any required setback subject to Administrative Design Review (Section 10-2.2500), provided the following standards are not exceeded:

1. Height. No lamppost, arbor, architectural archway,
bower, pergola, patio cover, or similar structure located within an otherwise required setback shall exceed a height of nine (9) ten (10) teet.

2. Horizontal dimensions. No arbor, architectural
archway, bower, pergola, patio cover, or similar structure located within an otherwise required front setback shall exceed a length of six (6) feet parallel to any street frontage with a maximum total projected roof area of thirty (30) square feet.
g. Mechanical and Plumbing Equipment. For the purpose
of this section, air conditioners and ventilation fans are considered mechanical equipment; whereas, water heaters, tankless water heaters, and water softeners are considered plumbing equipment. Mechanical equipment, plumbing equipment, and other equipment deemed as similar by the Community Development Director, may project into required setbacks subject to Administrative Design Review (Section 10-2.2500) as follows:

1. Rear setback and setback between
buildings. Mechanical equipment and plumbing equipment may project into a required rear setback or required setback between buildings.

2. Side Setback. Plumbing equipment may project up to
one half the required distance into a required side yard setback.

3. Noise. Mechanical equipment and plumbing
equipment within the required setbacks shall comply with and have manufacturer ratings to meet the RBMC 4-24 Noise Regulations.

Screening. Mechanical and plumbing equipment
within the required setbacks shall be screened from public view. (3) All commercial and mixed-use zones.
a. Canopies. Canopies no more than twelve (12) feet in width and leading to a building entrance may project any distance into a required setback subject to Administrative Design Review (Section 10-2.2500), further provided that no portion of the canopy shall be less than eight (8) feet above finished grade. This section shall not be interpreted to prohibit encroachment over the public right-of-way where otherwise allowed.
b. Awnings. Notwithstanding subsection (1) of Section 10-

2.1522(a), awnings may project any distance into a required setback subject to Administrative Design Review (Section 10-2.2500), further provided that no portion of the awning shall be less than eight (8) feet above finished grade. This shall not be interpreted to prohibit encroachment over the public right-of-way where otherwise allowed.

RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 7
23 (b) Projections above permitted height. The following structures may be permitted to project above the permitted height limit of the zone in which it is located, provided the structure contains no habitable floor area and the limitations indicated for each are observed:
(1) Mechanical equipment and housing, including screening, exceeding the height limits of the zone in which the site is located by a maximum of four (4) feet;
(2) Chimneys, provided that the projection above the height limit of the zone is only to the extent necessary to comply with building and fire codes; Television and radio whip antennae exceeding the height limits of the zone in which the site is located by a maximum of ten (10) feet; (4) Church steeples and bell towers exceeding the height limits of the zone in which the site is located by a maximum of fifteen (15) feet, subject to Planning Commission Design Review (pursuant to Section 10-2.2502); 5) Flagpoles exceeding the height limits of the zone in which the site is located by a maximum of ten (10) feet, and further provided that in any nonresidential zone flagpoles exceeding the height limits of the zone shall be subject to Planning Commission Design Review (pursuant to Section 10-2.2502); (6) Architectural design elements integral to the overall design character of a building and intended to distinguish its design (such as a finial, pinnacle, or weathervane), provided that the design element does not significantly increase the mass or bulk of the building, and subject to the following procedures:
a. In residential zones, Planning Commission Design Review (pursuant to Section 10-2.2502) is required for any proposed design element exceeding the height limit of the zone by more than six (6) feet or for any design element proposed in conjunction with a project otherwise subject to Planning Commission Design Review. Proposed design elements exceeding the height limit of the zone by no more than six (6) feet shall be subject to Administrative Design Review (pursuant to Section 10-2.2500) when not in conjunction with a project otherwise subject to Planning Commission Design Review; b. In nonresidential zones, Planning Commission Design
Review (pursuant to Section 10-2.2502) is required for any proposed design element exceeding the height limit of the zone.

SECTION 7. AMENDMENT OF CODE. Title 10, Chapter 5 Section 10-5. 1522 "Building and other projections in all zones." to be amended as follows (NOTE: Additions are highlighted as underlined and deletions are highlighted in strikeout):
10-5.1522 Building and other projections in all zones.
(a) Projections into required setbacks. The following projections may be permitted into required setbacks and setbacks between buildings:
(1) All zones.
a. Architectural features. Cornices, eaves, belt courses, sills, water heaters, cantilevered bay windows not containing any floor area, awnings affixed to the building facade, and fireplace chimneys, or any other similar RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 8
24 architectural feature deemed as similar by the Community Development Director may project into a required side setback one-half the distance of the required side setback, or thirty (30) inches, whichever is less, and may project into a required front or rear setback, or into the required setback between buildings no more than thirty (30) inches.
b. Windows. Windows and other openings in buildings must maintain a thirty-six (36) inch to sixty (60) inch setback from the property line in accordance with Building Code.
c.a. Basement light wells. Basement light wells projecting into a required setback must maintain at least a thirty-six (36) inch setback from the property line.
(2) All residential zones.

Unenclosed balconies. Except as provided below,
unenclosed balconies may project a five (5) foot maximum distance into any front, side, or rear setback or required space between buildings, provided they are removed a minimum horizontal distance of twelve (12) feet from the front property line, ten (10) feet from the rear property line, five (5) feet from the side property line, and ten (10) feet from any accessory building. Railings or walls of that portion of balconies which project into required setbacks or setbacks between buildings shall not extend more than forty-two (42) inches from the floor level of the balcony. For coastal bluff properties, no unenclosed balconies may project into any rear setback.

Unenclosed stairways. Except as provided below,
unenclosed stairways and landing places shall be allowed to project into any required setback a maximum distance of six (6) feet but not closer than thirty (30) inches from any property line; provided, however, no unenclosed stairway or landing shall be allowed to encroach into any required setback area where such stairway provides access above the first story of any structure. For coastal bluff properties, no unenclosed stairways and landing places may project into any required rear setback.

C. _Decks Unenclosed decks, porches, and patios. Except as provided below, no

1. Side and rear setbacks. No side or rear setback is
required for uncovered decks and patios not more than thirty (30) inches in height above existing grade. Decks and patios

2. Front setback. Unenclosed decks and porches not
ore than thirty (30) inches in height above existing grade may project aximum distance of six (6) feet into the required front setback. Patios o finished grade may project into the required front setback up to half the required average setback, provided the remainder of the setback is landscaped with live plant material in compliance with the landscape regulations, RBMC 10-5.1900.

Notwithstanding anything in this title to the contrary, a safety railing shall be permitted as necessary to meet the minimum requirements under the Uniform Building Code.

RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 9
25 3. Stormwater Management and Discharge. Decks
and patios shall be consistent with Chapter 7, Title 5 of the Redondo Beach Municipal Code.

4. Coastal Bluff Properties. For coastal bluff
roperties, no deck or patio may project on to the blutt tace d. Flagpoles. Flagpoles may encroach into any setbac
rovided that the heightors and ser chich it is localed is not exceeded.

Except as provided below, pools an
spas, above and below ground, may encroach any distance into a required side setback, rear setback, and/or setback between buildings. Mechanical equipment for pools and spas may encroach any distance into a required rear setback or setback between buildings. No pool, spa, and/or associated mechanical equipment shall encroach into a required front setback. For coastal bluff properties, no pool or spa may project onto the bluff face. f. Other architectural features and structures. Arbors, architectural archways, bowers, pergolas, patio covers, lampposts, and other architectural features or structures deemed as similar by the Community Development Director, may project into any required setback subject to Administrative Design Review (Section 10-5.2500), provided the following standards are not exceeded:

1. Height. No lamppost, arbor, architectural archway,
bower, pergola, patio cover, or similar structure located within an otherwise required setback shall exceed a height of nine (9) feet-ten (10) feet.

Mechanical and Plumbing Equipment. For the purpose
of this section, air conditioners and ventilation fans are considered mechanical equipment; whereas, water heaters, tankless water heaters, and water softeners are considered plumbing equipment. Mechanical equipment, plumbing equipment, and other equipment deemed as similar by the Community Development Director, may project into required setbacks subject to Administrative Design Review (Section 10-5.2500) as follows:

1. Rear setback and setback betweer
buildings. Mechanical equipment and plumbing equipment may project into required rear setback or required setback between buildings.

2. Side Setback. Plumbing equipment may project up to
one half the required distance into a required side yard setback equipment within the required setbacks shall comply with and have manufacturer ratings to meet the RBMC 4-24 Noise Regulations.

Screening. Mechanical and plumbing equipment
within the required setbacks shall be screened from public view.

RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 10
26 (3) All commercial and mixed-use zones.
a. Canopies. Canopies no more than twelve (12) feet in width and leading to a building entrance may project any distance into a required setback subject to Administrative Design Review (Section 10-5.2500), further provided that no portion of the canopy shall be less than eight (8) feet above finished grade. This section shall not be interpreted to prohibit encroachment over the public right-of-way where otherwise allowed.
b. Awnings. Notwithstanding subsection (1) of Section 10-

5.1522(a), awnings may project any distance into a required setback subject to Administrative Design Review (Section 10-5.2500), further provided that no portion of the awning shall be less than eight (8) feet above finished grade. This shall not be interpreted to prohibit encroachment over the public right-of-way where otherwise allowed.
(b) Projections above permitted height. The following structures may be permitted to project above the permitted height limit of the zone in which it is located, provided the structure contains no habitable floor area and the limitations indicated for each are observed:
(1) Mechanical equipment and housing, including screening, exceeding the height limits of the zone in which the site is located by a maximum of four (4) feet;
(2) Chimneys, provided that the projection above the height limit of the zone is only to the extent necessary to comply with building and fire codes; (3) Television and radio whip antennae exceeding the height limits of the zone in which the site is located by a maximum of ten (10) feet; (4) Church steeples and bell towers exceeding the height limits of the zone in which the site is located by a maximum of fifteen (15) feet, subject to Planning Commission Design Review (pursuant to Section 10-5.2502); (5) Flagpoles exceeding the height limits of the zone in which the site is located by a maximum of ten (10) feet, and further provided that in any nonresidential zone flagpoles exceeding the height limits of the zone shall be subject to Planning Commission Design Review (pursuant to Section 10-5.2502); (6) Architectural design elements integral to the overall design character of a building and intended to distinguish its design (such as a finial, pinnacle, or weathervane), provided that the design element does not significantly increase the mass or bulk of the building, and subject to the following procedures:
a- In residential zones, Planning Commission Design Review (pursuant to Section 10-5.2502) is required for any proposed design element exceeding the height limit of the zone by more than six (6) feet or for any design element proposed in conjunction with a project otherwise subject to Planning Commission Design Review. Proposed design elements exceeding the height limit of the zone by no more than six (6) feet shall be subject to Administrative Design Review (pursuant to Section 10-5.2500) when not in conjunction with a project otherwise subject to Planning Commission Design Review; RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 11
27 b. In nonresidential zones, Planning Commission Design Review (pursuant to Section 10-5.2502) is required for any proposed design element exceeding the height limit of the zone.

SECTION 8. 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 9. 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 the ordinance. The City Council shall declare 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.

FINALLY RESOLVED, that the Planning Commission forward a copy of this resolution to the City Council so the Council will be informed of the action of the Planning Commission.

RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 12
28 PASSED, APPROVED, AND ADOPTED this 16th day of December, 2021. , Chair
Planning Commission
City of Redondo Beach
ATTEST:

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF REDONDO BEACH )
I, Brandy Forbes, Community Development Director of the City of Redondo Beach, California, do hereby certify that the foregoing Resolution No. ******* was duly passed, approved and adopted by the Planning Commission of the City of Redondo Beach, California, at a regular meeting of said Planning Commission held on the 16th day of December, 2021 by the following roll call vote:

AYES:

NOES:

ABSENT:

Brandy Forbes, AICP
Community Development Director
APPROVED AS TO FORM:

City Attomey's Office
RESOLUTION NO. *****

ACCESSORY STRUCTURES AND ENCROACHMENTS CODE AMENDMENTS
PAGE NO. 13
29 Administrative
Report
J.2., File # PC21-3054 Meeting Date: 10/21/2021
To: PLANNING COMMISSION
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE

A PUBLIC HEARING FOR CONSIDERATION OF AMENDMENTS TO THE REDONDO BEACH MUNICIPAL CODE (RBMC) TITLE 10, CHAPTER 2 ZONING AND LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND USE PLAN IMPLEMENTING ORDINANCE PERTAINING TO SETBACKS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES (RBMC 10-2.1500 AND RBMC 10-5.1500) AND STANDARDS FOR BUILDING AND OTHER PROJECTIONS IN ALL ZONES (RBMC 10-2.1522 AND RBMC 10-5.1522) AND CONSIDERATION OF A CALIFORNINA

ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION FOR THE PROPOSED AMENDMENTS IN ACCORDANCE WITH SECTION 15308 OF THE CEQA GUIDELINES
RECOMMENDATION:

1. Open public hearing;

2. Take testimony from staff and interested parties;

3. Close public hearing and deliberate; and

4. Adopt a resolution by title only subject to the findings contained therein:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF REDONDO BEACH,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCES AMENDING TITLE 10, CHAPTER 2, ZONING AND LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND

USE PLAN IMPLEMENTING ORDINANCE PERTAINING TO SETBACKS OF ACCESSORY

STRUCTURES IN RESIDENTIAL ZONES AND BUILDING AND OTHER PROJECTIONS IN ALL ZONES

EXECUTIVE SUMMARY
Certain City Council actions have triggered a review of the setback and encroachment sections of the Redondo Beach Municipal Code (RBMC). Sections 10-2.1500 and 10-5.1500 entitled "Accessory structures in residential zones" and Sections 10-2.1522 and 10-5-1522 entitled "Building and other projections in all zones" need to be revised to align the City's rules with recent decisions. The Planning Commission's role is to review the proposed revisions to the Zoning Code and make recommendations to the City Council.

BACKGROUND
City Council actions have triggered the need to review setback and encroachment sections of the Redondo Beach Municipal Code (RBMC). Below is the background information on the two sections to be revised and options for the Planning Commission to consider in their recommendation on these

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revisions.

Revisions to "Accessory Structures in Residential Zones" Sections Recently, an Administrative Decision of the Community Development Director regarding setbacks between buildings and structures was appealed to the Planning Commission. The property owners of 2015 Speyer Lane Unit B submitted an Administrative Design Review application to allow an accessory structure that is attached to the rear elevation of the main home, which encroaches into the rear setback. The application was denied by the Community Development Director, citing the section of the Zoning Code which requires a minimum separation of 5-feet between a dwelling unit and an accessory structure.

The property owner appealed the denial of the Administrative Design Review to the Planning Commission. On March 18, 2021, the Planning Commission held a public hearing, and adopted Resolution No. 2021-03-PR-01 approving the accessory structure's roof to be attached to the rear elevation of the main home.

An appeal of the Planning Commission's decision to the City Council was filed on March 19, 2021 by the neighbor directly to the rear of the subject of property. The appeal was made on the grounds that the Planning Commission's decision was attempting to conform with a structure that was already built, and the Planning Commission's approval does not comply with Redondo Beach Municipal Code (RBMC) Section 10-2.1500(a) Setback Between Buildings. The City Council considered and denied the appeal at a public hearing on June 1, 2021, thus upholding the Planning Commission decision.

The Council did, however, make some distinctions that were not addressed as part of the Planning Commission's decision.

In their discussions at the June 1, 2021 public hearing, the City Council made distinctions between structures and buildings and determined that per Redondo Beach Municipal Code 10-2.1500 as it is now, an accessory structure does not need a 5-foot setback from the dwelling unit. The specific discussion at the Council meeting was that Accessory Building is defined as a detached building which is subordinate to the main building or structure on the same lot, whereas the definition of Accessory Structure does not have a stipulation regarding being attached or detached. Thus, City Council found that the attached accessory structure complies with RBMC 10-2.1500.

To clarify further, an accessory building is a subset of accessory structures. The broader category of accessory structure does not specify or define the structure as detached. However, by definition what distinguishes the accessory building subset is 1) the fact that it is a building rather than a structure (a building is designed and or used for the shelter and enclosure of persons, animals, or property, where a structure does not have that purpose) and 2) that it must be detached.

The terms structures and buildings are used interchangeably in RBMC 10-2-1500, leading to ambiguity on whether the subsection is intended to apply only to buildings, or intended to include setbacks for accessory structures. Per the two distinct definitions where accessory building is the only one defined to be detached, City Council determined that the accessory structure's roof complies with the provisions set forth in RBMC 10-2.1500 Accessory structures in residential zones.

With that determination, the language in Section 10-2.1500 needs to be revised to clarify the intent

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for future interpretation.

Three options for revising this portion of the RMC are included in the attached resolution for the Planning Commission's consideration. In deliberating these options to clarify the intent of the code, the Planning Commission may determine that there are additional possibilities to consider for recommendation. The three code revision options are included within the resolution for the Planning Commission to select from, and are presented (in underline and strikethrough format) and described below. What is decided would need to be included for both Title 10 Chapter 2 Zoning and Land Use (inland zoning) and Title 10 Chapter 5 Coastal Land Use Plan Implementing Ordinance (coastal zoning), so those are both addressed in the resolution.

Setbacks Option 1
The first proposed revision is as follows:
10-2 [and 5 for coastal] 1500 Accessory structures in residential zones. (a) Setbacks between buildings and structures. The minimum distance between a dwelling unit and an accessory building on the same site shall be five (5) feet. structure, of The minimum distance between two (2) accessory structures on the same site shall be five (5) feet. This subsection shall not be applicable to the R-MHP mobile home park zone. [The sentence on the R-MHP zone applicability is not in 10-5 since there are no mobile home park zones in the coastal zone]
In this option, the subheading adds structures, so it is clear that those are intended to be included and regulated. This alternative would require a five foot setback between the dwelling unit and an accessory building. As well, a five foot setback would be required between accessory structures. In this scenario, an accessory structure that does not qualify as an accessory building (similar to what the Planning Commission considered in the appeal mentioned earlier) could be attached to the main dwelling unit, but an accessory building could not. There is also a requirement of five feet between accessory structures in this option to limit a string of attached accessory structures covering most of the rear of the site.

Setbacks Option 2
The second possible revision to consider is as follows:
10-2 [and 5 for coastal]. 1500 Accessory structures in residential zones. (a) Setbacks between buildings. The minimum distance between a dwelling unit and an accessory structure building, or between two (2) accessory structures buildings on the same site shall be five (5) feet. This subsection shall not be applicable to the R-MHP mobile home park zone.
[The sentence on the R-MHP zone applicability is not in 10-5 since there are no mobile home park zones in the coastal zone]
This option limits setbacks between accessory buildings only. Under this scenario, there would not be any setback requirement for accessory structures generally, only for the subset of accessory

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buildings, keeping in line with the definitions. So accessory structures could be attached to the main dwelling unit and could be attached to each other. As well, an accessory structure could be attached to an accessory building. Under this option, it is possible that the entirety of the rear of the property could be covered in accessory structures attached to each other, with the exception of any required uncovered outdoor living space.

Setbacks Option 3
The third option to consider is as follows:
10-2 [and 5 for coastal] 1500 Accessory structures in residential zones. (a) Setbacks between buildings structures. The minimum distance between a dwelling unit and an accessory structure, or between two (2) accessory structures on the same site shall be five (5) feet. This subsection shall not be applicable to the R-MHP mobile home park zone.
[The sentence on the R-MHP zone applicability is not in 10-5 since there are no mobile home park zones in the coastal zone]
This option would clarify that all accessory structures would need to be setback from both the dwelling unit and from each other by five feet. This was the administrative interpretation that was appealed to the Planning Commission. At the Planning Commission hearing, the appellant argued that the subheading only mentioned setbacks between buildings and therefore should not be applied to the broader accessory structure category. This would clean up that uncertainty. Do note that during the Planning Commission's deliberations at the appeal public hearing, the point was made by commissioners that attaching the roof met the same goal as the allowed eaves encroachment under RBMC 10-2.1522. The Planning Commission found that by attaching the accessory structure, rather than detaching it where the overhanging rooves of the of the dwelling unit and the accessory structure could touch, allowed for a better design. Although this option is presented as a possible revision, the Planning Commission has previously noted that this is not a preferred interpretation and overturned the interpretation.

Decision to Be Made on Setbacks
Planning Commission can recommend one of these options to Council to clarify the language and intent of the subsection. Alternatively, through discussion on this item, the Planning Commission could prepare a different modification to this code section for recommendation to City Council. What is decided would need to be included for both Title 10 Chapter 2 Zoning and Land Use (inland zoning) and Title 10 Chapter 5 Coastal Land Use Plan Implementing Ordinance (coastal zoning), so those are both addressed in the resolution.

Revisions to "Building and Other Projections in All Zones" Sections Concurrent with the appeal hearing determination noted above, the City Council had directed staff to revisit the projections into required setbacks under RBMC 10-2.1522 for inland and RBMC 10-5.1522 for coastal. Under this section, air conditioners and other mechanical and plumbing equipment aren't currently addressed. Since March 2020 when the COVID-19 emergency orders went into place, the Planning Division has seen a significant increase in requests for air conditioning permits.

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Unfortunately, to retrofit an already developed site for air conditioning, oftentimes the only areas available are in the required setbacks. Per the current regulations, air conditioners are not permitted in the required setbacks and setbacks between buildings. City Council requested that staff consider how this can be addressed in the zoning code.

As well, while revising this section of the code, there has been a need to clarify allowances for decks, porches, and patios in required setbacks. And during the discussions at the appeal hearings noted above, there was interest in increasing the approved height of architectural features (RBMC 10-

2.1522(f)(1)) from 9 feet to 10 feet, since entry doorways to dwelling units that may be in proximity to such architectural feature or structure may not have clearance. These changes have been incorporated into the proposed revisions.

Below is the proposed revised language of RBMC 10-2.1522 and 10-5.1522, as well as additional definitions in RBMC 10-2.402 and 10-5.402 to clarify these various points:

Additional Definitions
10-2 [and 5 for coastal].402 Definitions.

XX) "Porch" shall mean a deck with a roof, with screens for walls or otherwise open. and not fully enclosed on more than two (2) sides.

Amended Regulations
10-2 [and 5 for coastal] 1522 Building and other projections in all zones. (a) Projections into required setbacks. The following projections may be permitted into required setbacks and setbacks between buildings:
(1) All zones.
a. Architectural features. Cornices, eaves, belt courses, sills, water heaters, cantilevered bay windows not containing any floor area, awnings affixed to the building facade, and fireplace chimneys, or any other similar architectural feature deemed as similar by the Community Development Director may project into a required side setback one- half the distance of the required side setback, or thirty (30) inches, whichever is less, and may project into a required front or rear setback, or into the required setback between buildings no more than thirty (30) inches.
b. Windows. Windows and other openings in buildings must maintain a thirty-six (36) inch to sixty (60) inch setback from the property line in accordance with Building

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Code.
c.a. Basement light wells. Basement light wells projecting into a required setback must maintain at least a thirty-six (36) inch setback from the property line. (2) All residential zones.
a. Unenclosed balconies. Unenclosed balconies may project a five (5) foot maximum distance into any front, side, or rear setback or required space between buildings, provided they are removed a minimum horizontal distance of twelve (12) feet from the front property line, ten (10) feet from the rear property line, five (5) feet from the side property line, and ten (10) feet from any accessory building. Railings or walls of that portion of balconies which project into required setbacks or setbacks between buildings shall not extend more than forty-two (42) inches from the floor level of the balcony. [In 10-5, there is a restriction for coastal bluff properties that no unenclosed balconies may project into any rear setback. That restriction would remain, see resolution.] b. Unenclosed stairways. Unenclosed stairways and landing places shall be allowed to project into any required setback a maximum distance of six (6) feet but not closer than thirty (30) inches from any property line; provided, however, no unenclosed stairway or landing shall be allowed to encroach into any required setback area where such stairway provides access above the first story of any structure. [In 10-5, there is a restriction for coastal bluff properties that no unenclosed stairways may project into any rear setback. That restriction would remain, see resolution.]

1. R-1A zone. Notwithstanding the above, in the R-1A zone, unenclosed stairways on twenty-five (25) foot wide lots may extend to the side property line provided the maximum height of the landing shall not exceed six (6) feet above the finished or existing grade of the lot, and provided stairways return to grade on the opposite side to permit pedestrian access to the rear portion of the lot.
[The subsection on the R-1A zone applicability is not in 10-5 since there are no R-1A zones in the coastal zone. This is reflected in the resolution.] Decks Unenclosed decks, porches, and patios.

1. Side and rear setbacks. No side or rear setback is required for uncovered decks and patios not more than thirty (30) inches in height above existing grade.

Decks and patios

2. Front setback. Unenclosed decks and porches not more than thirty (30) inches in height above existing grade may project a maximum distance of six (6) feet into the required front setback. Patios on finished grade may project into the required front setback up to half the required average setback, provided the remainder of the setback is landscaped with live plant material in compliance with the landscape regulations, RBMC 10-2 [or 5 for coastall. 1900. Notwithstanding anything in this title to the contrary, a safety railing shall be permitted as necessary to meet the minimum requirements under the Uniform Building Code.

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[In 10-5, there is a requirement to meet stormwater management and discharge and a restriction for coastal bluff properties that no deck or patio may project on to the bluff face.

Those restrictions would remain, see resolution.]
d. Flagpoles. Flagpoles may encroach into any setback provided that the height of the zone in which it is located is not exceeded. e. Pools and spas. Pools and spas, above and below ground, may encroach any distance into a required side setback, rear setback, and/or setback between buildings. Mechanical equipment for pools and spas may encroach any distance into a required rear setback or setback between buildings. No pool, spa, and/or associated mechanical equipment shall encroach into a required front setback. [In 10-5, there is a restriction for coastal bluff properties that no pool or spa may project onto the bluff face. That restriction would remain, see resolution.] f. Other architectural features and structures. Arbors, architectural archways, bowers, pergolas, patio covers, lampposts, and other architectural features or structures deemed as similar by the Community Development Director, may project into any required setback subject to Administrative Design Review (Section 10-2.2500), provided the following standards are not exceeded:

Height. No lamppost, arbor, architectural archway, bower, pergola, patio cover, or similar structure located within an otherwise required setback shall exceed a height of nine (9) ten (10) feet.

2. Horizontal dimensions. No arbor, architectural archway, bower, pergola, patio cover, or similar structure located within an otherwise required front setback shall exceed a length of six (6) feet parallel to any street frontage with a maximum total projected roof area of thirty (30) square feet.
g. Mechanical and Plumbing Equipment. For the purpose of this section. air conditioners and ventilation fans are considered mechanical equipment; whereas, water heaters, tankless water heaters, and water softeners are considered plumbing equipment.

Mechanical equipment, plumbing equipment, and other equipment deemed as similar by the Community Development Director, may project into required setbacks subject to Administrative Design Review (Section 10-2.2500) as follows:

Rear setback and setback between buildings. Mechanical
equipment and plumbing equipment may project into a required rear setback or required setback between buildings.

2. Side Setback. Plumbing equipment may project up to one half the required distance into a required side vard setback.

3. Noise. Mechanical equipment and plumbing equipment within the required setbacks shall comply with and have manufacturer ratings to meet the RBMC 4-24 Noise Regulations.

4. Screening. Mechanical and plumbing equipment within the required setbacks shall be screened from public view.

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(3) All commercial and mixed-use zones.
a. Canopies. Canopies no more than twelve (12) feet in width and leading to a building entrance may project any distance into a required setback subject to Administrative Design Review (Section 10-2.2500), further provided that no portion of the canopy shall be less than eight (8) feet above finished grade. This section shall not be interpreted to prohibit encroachment over the public right-of-way where otherwise allowed. b. Awnings. Notwithstanding subsection (1) of Section 10-2.1522(a), awnings may project any distance into a required setback subject to Administrative Design Review (Section 10-2.2500), further provided that no portion of the awning shall be less than eight (8) feet above finished grade. This shall not be interpreted to prohibit encroachment over the public right-of-way where otherwise allowed.
(b) Projections above permitted height. The following structures may be permitted to project above the permitted height limit of the zone in which it is located, provided the structure contains no habitable floor area and the limitations indicated for each are observed:
(1) Mechanical equipment and housing, including screening, exceeding the height limits of the zone in which the site is located by a maximum of four (4) feet; (2) Chimneys, provided that the projection above the height limit of the zone is only to the extent necessary to comply with building and fire codes; (3) Television and radio whip antennae exceeding the height limits of the zone in which the site is located by a maximum of ten (10) feet; (4) Church steeples and bell towers exceeding the height limits of the zone in which the site is located by a maximum of fifteen (15) feet, subject to Planning Commission Design Review (pursuant to Section 10-2.2502);
(5) Flagpoles exceeding the height limits of the zone in which the site is located by a maximum of ten (10) feet, and further provided that in any nonresidential zone flagpoles exceeding the height limits of the zone shall be subject to Planning Commission Design Review (pursuant to Section 10-2.2502);
(6) Architectural design elements integral to the overall design character of a building and intended to distinguish its design (such as a finial, pinnacle, or weathervane), provided that the design element does not significantly increase the mass or bulk of the building, and subject to the following procedures:
a. In residential zones, Planning Commission Design Review (pursuant to Section 10-2.2502) is required for any proposed design element exceeding the height limit of the zone by more than six (6) feet or for any design element proposed in conjunction with a project otherwise subject to Planning Commission Design Review. Proposed design elements exceeding the height limit of the zone by no more than six (6) feet shall be subject to Administrative Design Review (pursuant to Section 10-2.2500) when not in conjunction with a project otherwise subject to Planning Commission Design Review; b. In nonresidential zones, Planning Commission Design Review (pursuant to Section 10-2.2502) is required for any proposed design element exceeding the height limit of the zone.

Under these proposed revisions, water heaters are removed from architectural features category and included under the new "mechanical and plumbing equipment" subheading. What is proposed is to

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allow the quieter functioning plumbing equipment into the side and rear yard setbacks, as well as in the setbacks between buildings. Due to the closer proximity with the side setbacks, air conditioner and similar noise producing mechanicals were limited to rear yard setbacks and setbacks between dwelling units only. However, there may be an interest to carve out "mini-splits" for the units for individual rooms.

One additional consideration for discussion is regarding balconies in required setbacks. An appeal hearing was considered at the July 2021 Planning Commission meeting regarding 1) tandem parking, and 2) side yard setbacks of a balcony in the required rear yard. Section 10-5.1522(a)(2)a. addresses unenclosed balconies. They may project into a front, side, or rear setback or required space between building, but then have distances from other property lines that must be maintained.

In the particular appeal, the applicant's proposed balcony projected into the rear setback, but was then not a minimum horizontal distance of five (5) feet from the side property line. Although the Planning Commission approved the tandem parking, they denied the relief for the balcony, confirming that it did not comply with the regulations. If the Planning Commission would like the City Council to amend these requirements, any recommended revision could be added to the resolution.

Conclusion
All recommended revisions need to be included for both Title 10 Chapter 2 Zoning and Land Use (inland zoning) and Title 10 Chapter 5 Coastal Land Use Plan Implementing Ordinance (coastal zoning), so those are both addressed in the resolution.

The Planning Commission may select from these various options or otherwise make recommendations on these code sections for City Council to consider.

ENVIRONMENTAL STATUS:

The code amendments are exempt from environmental review pursuant to Section 15308 of Guidelines for the Implementation of the California Environmental Quality Act (CEQA).

ATTACHMENTS
Draft Resolution

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238

ORDINANCE REVISIONS FOR

SETBACKS FOR ACCESSORY

STRUCTURES AND STANDARDS FOR

BUILDING AND OTHER

PROJECTIONS

PLANNING COMMISSION PUBLIC HEARING
OCTOBER 21, 2021

ACCESSORY STRUCTURES IN RESIDENTIAL ZONES
OPTION 1:
10-2 [and 5 for coastal] 1500 Accessory structures in residential zones. (a) Setbacks between buildings and structures. The minimum distance between a dwelling unit and an accessory building on the same site shall be five (5) feet. structure, or The minimum distance between two (2) accessory structures on the same site shall be five (5) feet. This subsection shall not be applicable to the R-MHP mobile home park zone.

OPTION 2:
10-2 [and 5 for coastal]. 1500 Accessory structures in residential zones. (a) Setbacks between buildings. The minimum distance between a dwelling unit and an accessory structure building, or between two (2) accessory structures buildings on the same site shall be five (5) feet.

This subsection shall not be applicable to the R-MHP mobile home park zone.

OPTION 3:
10-2 [and 5 for coastal]. 1500 Accessory structures in residential zones. (a) Setbacks between buildings structures. The minimum distance between a dwelling unit and an accessory structure, or between two (2) accessory structures on the same site shall be five (5) feet. This subsection shall not be applicable to the R-MHP mobile home park zone.

BUILDING AND OTHER PROJECTIONS IN ALL ZONES 3
10-2 [and 5 for coastal].402 Definitions.

For the purposes of this chapter, certain words and terms used in this chapter are construed and defined as follows:
(a) Definitions.
(60) "Deck" shall mean a platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls. a. "Deck, unenclosed" shall mean a deck open to the sky and not fully enclosed on more than two (2) sides.
(XX) "Patio" shall mean a flat outdoor space constructed at or near grade level, consisting of natural or man-made material, typically of stone or concrete, and not fully enclosed. Patios are open to the sky, however, a patio cover for shade protection may be permitted as an architectural feature as regulated in this Section.
(XX) "Porch" shall mean a deck with a roof, with screens for walls or otherwise open, and not fully enclosed on more than two (2) sides.

BUILDING AND OTHER PROJECTIONS IN ALL ZONES 4
10-2 [and 5 for coastal].1522 Building and other projections in all zones. (a) Projections into required setbacks. The following projections may be permitted into required setbacks and setbacks between buildings:
(1) All zones.
a. Architectural features. Comices, eaves, belt courses, sills, water heaters, cantilevered bay windows not containing any floor area, awnings affixed to the building facade, and fireplace chimneys, or any other similar architectural feature deemed as similar by the Community Development Director may project into a required side setback one-half the distance of the required side setback, or thirty (30) inches, whichever is less, and may project into a required front or rear setback, or into the required setback between buildings no more than thirty (30) inches.

Windows. Windows and other openings in buildings must maintain a thirty-six (36) inch to sixty (60) inch setback from the property line in accordance with Building Code. c.a. Basement light wells. Basement light wells projecting into a required setback must maintain at least a thirty-six (36) inch setback from the property line. 42 BUILDING AND OTHER PROJECTIONS IN ALL ZONES 5
(CONT.)
(2) All residential zones.
a. Unenclosed balconies. Unenclosed balconies may project a five (5) foot maximum distance into any front, side, or rear setback or required space between buildings, provided they are removed a minimum horizontal distance of twelve (12) feet from the front property line, ten (10) feet from the rear property line, five (5) feet from the side property line, and ten (10) feet from any accessory building. Railings or walls of that portion of balconies which project into required setbacks or setbacks between buildings shall not extend more than forty-two (42) inches from the floor level of the balcony. [In 10-5, there is a restriction for coastal bluff properties that no unenclosed balconies may project into any rear setback. That restriction would remain, see resolution.]
Unenclosed stairways. Unenclosed stairways and landing places shall be allowed to project into any required setback a maximum distance of six (6) feet but not closer than thirty (30) inches from any property line; provided, however, no unenclosed stairway or landing shall be allowed to encroach into any required setback area where such stairway provides access above the first story of any structure. [In 10-5, there is a restriction for coastal bluff properties that no unenclosed stairways may project into any rear setback. That restriction would remain, see resolution.]

The subsection on the R-1A zone applicability is not in 10-5 since there are no R-1A zones in the coastal zone. This is reflected in the resolution.] BUILDING AND OTHER PROJECTIONS IN ALL ZONES 6
(CONT.)
_Decks-Unenclosed decks, porches, and patios.

Side and rear setbacks. No side or rear setback is required for uncovered decks and patios not more than thirty (30) inches in height above existing grade. Decks and patios Front setback. Unenclosed decks and porches not more than thirty (30) inches in height above existing grade may project a maximum distance of six (6) feet into the required front setback.

Patios on finished grade may project into the required front setback up to half the required average setback, provided the remainder of the setback is landscaped with live plant material in compliance with the landscape regulations, RBMC 10-2 [or 5 for coastal].1900. Notwithstanding anything in this title to the contrary, a safety railing shall be permitted as necessary to meet the minimum requirements under the Uniform Building Code.
[In 10-5, there is a requirement to meet stormwater management and discharge and a restriction for coastal bluff properties that no deck or patio may project on to the bluff face. Those restrictions would remain, see resolution.l d. Flagpoles. Flagpoles may encroach into any setback provided that the height of the zone in which it is located is not exceeded.
e. Pools and spas. Pools and spas, above and below ground, may encroach any distance into a required side setback, rear setback, and/or setback between buildings. Mechanical equipment for pools and spas may encroach any distance into a required rear setback or setback between buildings. No pool, spa, and/or associated mechanical equipment shall encroach into a required front setback. [In 10-5, there is a restriction for coastal bluff properties that no pool or spa may project onto the bluff face. That restriction would remain, see resolution.] BUILDING AND OTHER PROJECTIONS IN ALL ZONES 7
(CONT.)
Other architectural features and structures. Arbors, architectural archways, bowers, pergolas, patio covers, lampposts, and other architectural features or structures deemed as similar by the Community Development Director, may project into any required setback subject to Administrative Design Review (Section 10-2.2500), provided the following standards are not exceeded:

1. Height. No lamppost, arbor, architectural archway, bower, pergola, patio cover, or similar structure located within an otherwise required setback shall exceed a height of nine (9) ten (10) feet.

BUILDING AND OTHER PROJECTIONS IN ALL ZONES 8
(CONT.)
g. Mechanical and Plumbing Equipment. For the purpose of this section, air conditioners and ventilation fans are considered mechanical equipment: whereas, water heaters, tankless water heaters, and water softeners are considered plumbing equipment. Mechanical equipment, plumbing equipment, and other equipment deemed as similar by the Community Development Director, may project into required setbacks subject to Administrative Design Review (Section 10-2.2500) as follows:

1. Rear setback and setback between buildings, Mechanical equipment and plumbing equipment may project into a required rear setback or required setback between buildings.

2. Side Setback. Plumbing equipment may project up to one half the required distance into a required side vard setback.

3. Noise. Mechanical equipment and plumbing equipment within the required setbacks shall comply with and have manufacturer ratings to meet the RBMC 4-24 Noise Regulations.

Screening. Mechanical and plumbing equipment within the required setbacks shall be screened from public view.

PROCEDURES AND RECOMMENDATION
Procedures
a) Open Public Hearing;
b) Take testimony from staff and interested parties;
c) Close Public Hearing and deliberate; and
d) Adopt a resolution by title only subject to the findings contained therein (including selecting an option for setbacks and any other revisions or final decisions made during deliberations):

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF REDONDO BEACH,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCES AMENDING TITLE 10, CHAPTER 2, ZONING AND LAND USE AND TITLE 10, CHAPTER 5

COASTAL LAND USE PLAN IMPLEMENTING ORDINANCE PERTAINING TO SETBACKS OF

ACCESSORY STRUCTURES IN RESIDENTIAL ZONES AND BUILDING AND OTHER

PROJECTIONS IN ALL ZONES
Mr. Miller offered to provide the presentation made to City Council regarding the revised project so that approval of the extension can be done tonight.

Commissioner Hinsley stated he would be more comfortable continuing the Public Hearing.

Commissioner Gaddis restated the original motion.

Motion by Commissioner Gaddis, seconded by Commissioner Lamb, to continue the Public Hearing to the next regular meeting of the Planning Commission to provide the opportunity to obtain additional public comments, and make the revised draft plans and a list of the Conditions of Approval that have been met available to the public, on the City's website. The motion carried (4-3) with Commissioners Godek, Ung and Vice Chair Toporow, opposed.

The Planning Commission skipped to Item No. L. 1 per approval of the agenda.

J.2. A PUBLIC HEARING FOR CONSIDERATION OF AMENDMENTS TO THE REDONDO BEACH MUNICIPAL CODE (RBMC) TITLE 10, CHAPTER 2 ZONING AND LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND USE PLAN

IMPLEMENTING ORDINANCE PERTAINING TO SETBACKS FOR
ACCESSORY STRUCTURES IN RESIDENTIAL ZONES (RBMC 10-2.1500 AND RBMC 10-5.1500) AND STANDARDS FOR BUILDING AND OTHER
PROJECTIONS IN ALL ZONES (RBMC 10-2.1522 AND RBMC 10-5.1522) AND

CONSIDERATION OF A CALIFORNINA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION FOR THE PROPOSED AMENDMENTS IN ACCORDANCE WITH SECTION 15308 OF THE CEQA GUIDELINES
RECOMMENDATION:

1. Open public hearing;

2. Take testimony from staff and interested parties;

3. Close public hearing and deliberate; and

4. Adopt a resolution by title only subject to the findings contained therein:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

REDONDO BEACH, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT ORDINANCES AMENDING TITLE 10, CHAPTER 2, ZONING AND LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND USE PLAN

IMPLEMENTING ORDINANCE PERTAINING TO SETBACKS OF ACCESSORY

STRUCTURES IN RESIDENTIAL ZONES AND BUILDING AND OTHER

PROJECTIONS IN ALL ZONES
CONTACT: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
Motion by Commissioner Gaddis, seconded by Commissioner Ung, to open the Public Hearing. Motion carried unanimously, by roll call vote.

MINUTES

PLANNING COMMISSION
October 21, 2021
Page No. 8
48 There were no members of the public present.

Community Development Director Brandy Forbes narrated a PowerPoint presentation regarding the proposed ordinance revisions; addressed accessory structures in residential zones and related options for consideration; discussed building and other projections in all zones; reviewed proposed revisions to the Municipal Code and listed procedures and recommendations.

Discussion followed regarding tool sheds (uninhabitable structures) under Option 2, habitable versus uninhabitable structures and related setback requirements, criteria for requiring a permit including whether the structure has an attached foundation, provisions for mechanical and plumbing equipment and appendages allowed in rear setbacks and setbacks between buildings.

In response to Commissioner Ung's question, Community Developrent Director Forbes discussed noise regulations, the availability of noise suppressors and placing limitations relative to levels of noise.

Community Development Director Forbes noted the lateness of the evening; acknowledged this is a lot of information to consider and suggested continuing to matter to the December meeting, if so desired.

Commissioner Hinsley declared his preference for Option 1; stated he opposes air conditioners in side setbacks but is open to mini splits; suggested placing a limit on things encroaching into side setbacks and commented on patios in front setbacks.

In response to Commissioner Lamb's question, Community Development Director Forbes addressed the procedure for reviewing and recommending approval by City Council.

There were no public or eComments on this item.

Motion by Commissioner Hinsley, seconded by Commissioner Gaddis, to continue the Public Hearing to the December regular meeting of the Planning Commission. The motion carried unanimously, by roll call vote.

K. ITEMS CONTINUED FROM PREVIOUS AGENDAS - None

ITEMS FOR DISCUSSION PRIOR TO ACTION
L.1. FORMATION OF A SUBCOMMITTEE TO REVIEW THE ACCESSORY

STRUCTURE CODE
Commissioner Hinsley spoke about forming a subcommittee that ivould tackle broader issues with accessory structures including issues related to Item No. J.2 but also, sizes, the maximum number of accessory structures, height considerations and others.

MINUTES

PLANNING COMMISSION
October 21, 2021
Page No. 9
49 From: johnny tyler
To: Planning Redondo
Subject: Mechanical Equipment Setback Planning
Date: Wednesday, December 1, 2021 10:34:03 AM
CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

Good morning-
I hope all had a great Thanksgiving holiday
It has come to my attention that the Redondo Planning Commision is discussing potential changes to setbacks for equipment (AC, Pool pumps, etc). Given the number of people working from home indefinitely, AC units have become more essential to home life than pre Covid. Many of the existing homes were built without adequate or required space on the side of the house to install air conditioners. This may not have affected quality of life much when everyone was going into the office but it is now a MAJOR factor in quality of life during the Summer months.

The major argument against equipment on the side of homes is noise pollution to the neighbors). Taking that into consideration, there are a couple areas of interest that should be considered further when determining new setback codes.
1) Equipment improvements. Air condition equipment in general is much less noisy than it was when these codes were first put in place. Also there are models built specifically to reduce noise. It is time to bring the codes in line with the technological improvements. 2) Noise Mitigation factors. There are multiple ways to mitigate noise pollution, each with varying degrees of noise containment. First, if the equipment is within a solid fence or wall then it certainly decreases the noise to the neighbors). Second is if the equipment is in a solid shed type structure built specifically for the equipment (more applicable to pool equipment than AC). In both of these instances the noise is contained to a certain degree therefore the equipment should be allowed to be closer to the property line than it lett open. Last but not least, corner lots that have no neighbor on one side should be a completely different category as there is no immediate neighbor to pollute with noise. If you combine the corner lot with a vall or shed structure then the resident should be allowed to put equipment all the way to th property line as there is no neighbor and noise to the general public should be minimal. believe there should be subcategories representing degrees of noise containment, each with appropriate setbacks:
1- open air equipment
2- fence/walled in
3- fixed shed type structure
4- end lots, non neighbor side of home
I implore you to take these factors into account when determining how to adjust the equipment setbacks. Not all situations are the same and there is room improve one resident's quality of life with little detriment to others.

Thank you for your consideration. Have a great and safe holiday season. 50 Johnny Tyler
633 Avenue A
51 From: matthew
To: Planning Redondo
Subject: Appeal to modify codes - allow slim line air conditioning equipment in side set backs Date: Monday, September 6, 2021 2:42:15 PM
ATTN: Email is from an external source; Stop, Look, and Think before opening attachments or links.

Hello,
I am emailing to respectfully request a modification to code to allow slim-line air conditioning condensers in side setbacks.

I recently contracted to install air conditioning in my Redondo Beach condominium.

It's a two-unit property and I am the front unit, i.e. I'm closest to the road. The contractor evaluated the site and decided to install the condenser in my side set back. Given that the unit is a slim-line unit and much quieter than traditional condensers, this seemed like an ideal location. Plumbing from the AC unit to this spot was ideal because the attic space extends to the eastern wall just above where the condenser is currently located. The side set back is on the east side of the property where a narrow concrete path continues until a fence which separates the front yard from the back. This space is kind of useless. It is somewhat out of site, and surrounded by two fences (~6 foot of fence separating front from back, and the side block wall separating my property from my eastern neighbor).

Unfortunately the current codes require the condenser to be relocated. The alternative sites communicated by Redondo Beach Planning:

1. The western side of the house which is dominated by a narrow driveway.

2. My front balcony.

The driveway is not an option. It is too narrow to try to cram a condenser over there. It's hard enough maneuvering cars as it is.

The balcony seems feasible, however it's not desirable to place this extra weight on the balcony, nor is there a good path to route plumbing from the ac unit to the condenser. The contractor would probably have to punch a hole through the roof, or route plumbing into bedroom where it would be visible.

The spot they chose really is the best location given how my lot is built out. I don't believe safety an issue ... firefighters can still access the front and back via the driveway, and even if they need access to the eastern side with the condenser, the slim line design still allows for ~3 feet of clearance.

The unit is incredibly quiet; noise is not an issue.

Please take my request into consideration for the September 16 Planning Commission meeting. I will try to attend via zoom, but if not then this email will represent my interests.

Thank you very much!
52 Matthew Hegedus
2414 Gates Ave #A
Redondo Beach, CA 90278
54 From: matthew
To: Lina Portolese; Planning Redondo
Subject: Re: Appeal to modify codes - allow slim line air conditioning equipment in side set backs Date Monday, October 18, 2021 5:18:03 PM
CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.

Apologies for the trickle of data...

The MFG #:

AULD60W2/A-D(U)
The unit's noise rating is:
58 dB
Reference:
https://store.acpro.com/ac-pro-x-series-condenser-air-conditioning-42-000-60-000-btu-73234 Thanks,
Matthew
On 10/18/21 5:09 PM, Lina Portolese wrote:

Hi Matthew,
Thank you. The photo and your written comment will be distributed to the Planning Commission for this Thursday's meeting.

Lina Portolese I Planning Analyst
Community Development Planning Division
415 Diamond Street Redondo Beach, CA 90277
310.318.0637 X 2496| 310.372.8021 fax
More To Seai
redondo
BEACH
Community Development 415 Diamond Street, P.O. Box 270 tel 310 318-0637 Planning Division Redondo Beach, Calitornia 90277-0270 fax 310 372-8021 www.redondo.org

CITY OF REDONDO BEACH

NOTICE OF CONTINUED PUBLIC HEARING

A PUBLIC HEARING FOR CONSIDERATION OF AMENDMENTS TO THE REDONDO BEACH MUNICIPAL CODE (RBMC) TITLE 10, CHAPTER 2 ZONING AND LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND USE

PLAN IMPLEMENTING ORDINANCE PERTAINING TO SETBACKS FOR
ACCESSORY STRUCTURES IN RESIDENTIAL ZONES (RBMC 10-2.1500 AND RBMC 10-5.1500) AND STANDARDS FOR BUILDING AND OTHER
PROJECTIONS IN ALL ZONES (RBMC 10-2.1522 AND RBMC 10-5.1522) AND

CONSIDERATION OF A CALIFORNINA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION FOR THE PROPOSED AMENDMENTS IN
ACCORDANCE WITH SECTION 15308 OF THE CEQA GUIDELINES
NOTICE IS HEREBY GIVEN that on October 21, 2021 at 7:00 p.m., at a Regular Meeting of the Planning Commission of the City of Redondo Beach, California, said public hearing was opened and continued to Thursday December 16, 2021 at 7:00 p.m. Said continued public hearing will be held at 415 Diamond Street, Redondo Beach, California, in the Redondo Beach Council Chamber, via teleconference (virtual meeting).

I declare under penalty of perjury that the forgoing is true and correct.

Executed on October 22, 2021 at Redondo Beach, California. he Parde
Lina Portolese
Planning Analyst
Posted at Chamber: October 22, 2021
256

BLUE FOLDER ITEM
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.

PLANNING COMMISSION MEETING
December 16, 2021
J.1. A PUBLIC HEARING FOR CONSIDERATION OF AMENDMENTS TO THE REDONDO BEACH MUNICIPAL CODE (RBMC) TITLE 10, CHAPTER 2 ZONING AND LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND USE PLAN

IMPLEMENTING ORDINANCE PERTAINING TO C SETBACKS FOR
ACCESSORY STRUCTURES IN RESIDENTIAL ZONES (RBMC 10-2.1500 AND RBMC 10-5.1500) AND STANDARDS FOR BUILDING AND OTHER
PROJECTIONS IN ALL ZONES (RBMC 10-2.1522 AND RBMC 10-5.1522) AND

CONSIDERATION OF A CALIFORNINA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION FOR THE PROPOSED AMENDMENTS IN ACCORDANCE WITH SECTION 15308 OF THE CEQA GUIDELINES
• Accessory building and accessory structure Zoning Code definitions 57 (3) "Accessory building" shall mean a detached building which is subordinate to the main building or structure on the same lot.

Habitable accessory building. A detached building any portion of which contains a living type space, including, but not limited to, bedrooms, playroom, office, rumpus room, bonus room, guest room, artist studio, pool house, or similar uses. Such buildings shall not include a kitchen or kitchen-related plumbing or cooking facilities. b. Nonhabitable accessory building. A detached building limited exclusively to non-living spaces such as garage, storage area, workshop, or utility/laundry facilities. "Accessory structure" shall mean a structure which is subordinate to the main building or structure on the same lot. This classification includes accessory buildings. (32) "Building" shall mean any structure with a roof supported by columns and/or walls securely affixed to the ground which building is designed and/or used for the shelter and enclosure of persons, animals, or property.
(166) "Structure" shall mean anything constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner which structure requires location on or in the ground or is attached to something having a location on or in the ground, including fences, walls, swimming and wading pools, and patios.

Redondo Beach City CouncilJuly 5, 2022

Redondo Beach City Council
July 5, 2022