Administrative
Report
H.6., File # 23-5571 Meeting Date: 3/21/2023
To: MAYOR AND CITY COUNCIL
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
ADOPT BY TITLE ONLY ORDINANCE NO. 3253-23 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF REDONDO BEACH, CALIFORNIA, ADOPTING AN ORDINANCE AMENDING TITLE 10, CHAPTER 5, COASTAL LAND USE IMPLEMENTING ORDINANCE PERTAINING TO
SETBACKS OF ACCESSORY STRUCTURES IN RESIDENTIAL ZONES AND OTHER
PROJECTIONS IN ALL ZONES AND DETERMINING SUCH AMENDMENTS AS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. FOR SECOND READING AND ADOPTION
EXECUTIVE SUMMARY
Certain actions triggered a review of the setback and encroachment sections of the Redondo Beach Municipal Code (RBMC). The review occurred over the past year and focused on Sections 10-
2.1500 and 10-5.1500, titled “Accessory structures in residential zones” and Sections 10-2.1522 and 10-5-1522, titled “Building and other projections in all zones” which were identified as needing to be revised to align with new City rules and recent Council decisions.
The Planning Commission first reviewed possible revisions to the above sections of the Zoning Code on January 20, 2022 and made recommendations to the City Council. On March 1, 2022, the City Council considered those recommendations and provided direction to staff on the content and scope of the proposed RBMC revisions and the preparation of ordinances needed to formally amend the identified sections of the Code.
The draft Ordinances were revised to incorporate the direction provided by City Council at the March 1, 2022 meeting. A public hearing was held on June 14, 2022 for City Council to consider the Ordinances. City Council opened the public hearing and took public testimony. The public hearing was continued to July 5, 2022 to incorporate further revisions based on the public testimony and City Council discussion at the June 14, 2022 meeting. At the July 5, 2022 public hearing, City Council closed the public hearing and directed staff to review the current noise ordinance and consider options for enforcing City noise regulations, including resources required to properly enforce the decibel standards. City Council expressed interest in considering noise enforcement capabilities before deciding whether to permit mechanical and plumbing equipment in required setbacks.
At the December 13, 2022 City Council meeting, staff presented the enforcement capabilities regarding the current noise ordinance. Following the presentation, City Council directed staff to finalize the Ordinances to only allow mechanical and electrical equipment within the rear yard setback or, for multi-family structures, the setback between buildings and to limit the location of the
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equipment to no closer than 10 feet from the rear property line.
On February 7, 2023, City Council conducted a public hearing and introduced the amended Ordinances per the prior direction and approved a resolution to submit the coastal Ordinance to the California Coastal Commission for certification. The inland Ordinance was adopted on February 21, 2023. This item is for the adoption of the coastal Ordinance, which required a longer public notice timeframe.
BACKGROUND
Below is the background information on the two Municipal Code sections to be revised and the recommended revisions from the Planning Commission and City Council.
Revisions to “Accessory Structures in Residential Zones” Sections In 2021, 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 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 RBMC Section 10-2.1500(a) regarding the 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 RBMC 10-2.1500 as it reads 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
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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, and 10-5.1500 for coastal, 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, the City Council determined that the accessory structure’s roof complies with the provisions set forth in RBMC 10-2.1500 regarding accessory structures in residential zones. With that determination, the language in Section 10-
2.1500, and 10-5.1500 for coastal, needs to be revised to clarify the intent for future interpretation.
The Planning Commission considered multiple options on revising this section of Code and made a recommendation to meet the intent of the City Council’s interpretation. At their March 1, 2022 meeting, the City Council reviewed the Planning Commission recommendations and determined there was still ambiguity to what was or wasn’t allowed to be attached. Council requested that staff clarify the language based on the City Council discussion. Those revisions are represented in the Ordinances being considered at this public hearing and are provided in the revisions attachment for this agenda item that tracks the changes, showing additions highlighted as underlined (example) and deletions are highlighted in strikeout (example).
Revisions to “Building and Other Projections in All Zones” Sections Concurrent with the appeal hearing determination noted above, the City Council directed staff to revisit the projections into required setbacks under RBMC 10-2.1522 for inland properties and RBMC 10-5.1522 for coastal properties. Under these sections, 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 experienced a significant increase in requests for air conditioning permits. Unfortunately, to retrofit an already developed site for air conditioning, the only constructible areas available are oftentimes inside 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 is a need to define and clarify allowances for decks, porches and patios in required setbacks. Also, during the discussions at the appeal hearings noted above, there was interest in increasing the approved height of architectural features (RBMC 10 -2.1522(a)(2)f.1 and 10-5.1522(a)(2)f.1) from 9 feet to 10 feet, because entry doorways to dwelling units that may be in proximity to such architectural features or structures may not have clearance.
These changes have been incorporated into the proposed revisions.
Ultimately, the Planning Commission recommended to allow the following mechanical and plumbing projections in setbacks:
· Remove “water heaters” from architectural features and place it in a new subsection regarding mechanical and plumbing equipment
· Allow plumbing and mechanical equipment to project into a required rear setback or required setback between buildings, other than new construction
· Allow plumbing equipment to project up to one half of the required rear yard setback, or thirty (30) inches, whichever is less
· Allow “mini-split” air conditioners (wall units) to project up to one half of the required side yard
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· Allow “mini-split” air conditioners (wall units) to project up to one half of the required side yard setback, or thirty (30) inches, whichever is less, other than new construction. This does not allow other mechanical equipment to be located in the side setback · Require all mechanical and plumbing equipment within the required setbacks to be screened from public view
· Require all mechanical equipment and plumbing equipment within the required setbacks to comply with and have manufacturer ratings to meet the RBMC 4-24 Noise Regulations At the March 1, 2022 meeting, the City Council agreed with the Planning Commission recommendations, but requested that the Ordinances be finalized by specifying the decibel level permitted for mechanical and plumbing equipment, rather than referencing the noise ordinance.
A public hearing was held on June 14, 2022 for City Council to consider the Ordinances. City Council opened the public hearing and took public testimony. The public hearing was continued to July 5, 2022 to incorporate revisions based on the public testimony and City Council discussion at the June 14, 2022 meeting. Based on additional public testimony at the July 5, 2022 hearing, City Council closed the public hearing and directed staff to review the current noise ordinance and consider options for enforcing City noise regulations, including resources required to properly enforce the decibel standards. City Council expressed interest in considering noise enforcement capabilities before deciding whether to permit mechanical and plumbing equipment in required setbacks.
At the December 13, 2022 City Council meeting, staff presented the enforcement capabilities regarding the current noise ordinance. City Council directed staff to finalize the Ordinances at this time to only allow mechanical and electrical equipment within the rear yard setback or, for multi-family structures, the setback between buildings and that the equipment be located no closer than 10 feet from the rear property line, with the Ordinances to be brought back for adoption at future meeting.
On February 7, 2023 City Council conducted a public hearing and introduced the amended Ordinances per the City Council direction. Additionally, a resolution to submit the coastal Ordinance to the California Coastal Commission for certification was adopted at that meeting. Adoption of the inland ordinance was done on February 21, 2023. The coastal Ordinance requires a longer public notice timeframe and is being considered for adoption at the March 21, 2023 City Council meeting.
COORDINATION
The preparation of the ordinances was completed in coordination with the City Attorney’s Office.
FISCAL IMPACT
Funding for the preparation of this report and the Ordinances is available in the participating Departments’ annual operating budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Ord - #3253-23 Setbacks and Encroachments Coastal
· Reso - CC-2302-020 Accessory Structure Coastal Resolution for Certification, February 7, 2023
H.6., File # 23-5571 Meeting Date: 3/21/2023
· Revisions in Tracked Changes for Ordinances Setbacks and Encroachments · Proof of Public Hearing Notice for February 7, 2023, Easy Reader, January 26, 2023