Administrative
Report
L.1., File # 23-7006 Meeting Date: 10/17/2023
TO: CITY COUNCIL
FROM: SEAN SCULLY, ACTING COMMUNITY DEVELOPMENT DIRECTOR TITLE
PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCES TO AMEND THE REDONDO BEACH MUNICIPAL CODE (RBMC) TITLE 10 CHAPTER 2 ZONING AND LAND USE AND TITLE 10 CHAPTER 5 COASTAL LAND USE PLAN IMPLEMENTING ORDINANCES
PERTAINING TO ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES CONSISTENT WITH
STATE LAW AND CONSIDERATION OF A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
EXEMPTION FOR THE PROPOSED AMENDMENTS IN ACCORDANCE WITH CEQA GUIDELINES PROCEDURES:
1. Open the public hearing and take testimony;
2. Close the public hearing and deliberate;
3. Introduce the following two ordinances by title only; and
4. Adopt by title only the Resolution submitting the Ordinance to the Coastal Commission.
INTRODUCE BY TITLE ONLY ORDINANCE NO. 3264-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING TITLE 10, CHAPTER 2 OF THE
MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES
CONSISTENT WITH STATE LAW
INTRODUCE BY TITLE ONLY ORDINANCE NO. 3265-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING TITLE 10, CHAPTER 5 OF THE
MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES IN
THE COASTAL ZONE, CONSISTENT WITH STATE LAW
ADOPT RESOLUTION NO. CC-2310-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REDONDO BEACH, CALIFORNIA, FORWARDING TO THE COASTAL COMMISSION THE AMENDMENTS TO THE COASTAL LAND USE PLAN IMPLEMENTATION ORDINANCE (TITLE 10, CHAPTER 5 OF THE MUNICIPAL CODE) PERTAINING TO ACCESSORY DWELLING UNITS IN
RESIDENTIAL ZONES IN THE COASTAL ZONE, CONSISTENT WITH STATE LAW AND
INCORPORATING CALIFORNIA COASTAL COMMISSION MODIFICATIONS
EXECUTIVE SUMMARY
Since 2016, State law regarding Accessory Dwelling Units (ADU) has been updated on multiple occasions, rendering local Redondo Beach regulations regarding ADUs largely null and void. In response to each State-level change, the City has modified its local Ordinances to bring them into compliance with State law. At this time, the City must adopt an updated Zoning Ordinance to conform to the most recent changes to the State’s ADU regulations that became effective on January
L.1., File # 23-7006 Meeting Date: 10/17/2023
conform to the most recent changes to the State’s ADU regulations that became effective on January 1, 2023.
To ensure compliance, staff corresponded with the California Department of Housing and Community Development (HCD) to identify the necessary regulatory amendments. The Planning Commission held a public hearing to consider the amendments and recommends that the City Council adopt the proposed ADU Ordinances.
BACKGROUND
In response to changing State Laws regarding ADUs, the City has modified its ADU Ordinance on multiple occasions. The table below shows the cycle of State ADU laws that have superseded local regulations, followed by the adoption of new City measures to ensure compliance:
Level Date Legislation Result Effective Date
State 09/27/2016 AB2299,
AB2406,
SB1069
New State Law Supersedes
Local Regulations
01/01/2017
State 10/08/2017 AB494, SB229 State Law Supersedes Local Regulations
01/01/2018
City 02/19/2019 Ord#3188-19,
Ord#3187-19
New City Regulations in
compliance with State law
04/16/2019
State 10/09/2020 SB12, AB68,
AB881
New State Law Supersedes
Local Regulations
01/01/2020
City 12/08/2020 Ord#3210-20,
Ord#3211-20
City Regulations in
compliance with State law
01/12/2021
State 09/28/2022 SB897,
AB2221, SB916
New State Law Supersedes
Local Regulations
01/01/2023
The passage of Senate Bill (SB) 897, Assembly Bill (AB) 2221, and SB 916 on September 28, 2022 requires that the City of Redondo Beach, once again, update its Zoning Ordinance to conform to the most recent amendments to Government Code Section 65852.2.
In a letter dated May 12, 2023, the California Department of Housing and Community Development (HCD) determined that the City’s ordinances do not comply with the newly-adopted State laws that went into effect January 1, 2023. The following is a summary of HCD’s noted findings of noncompliance and directions for revisions:
· HCD’s Finding #1 - JADU Definition: The City’s current Ordinance limits the definition to within a single-family residence. The City must amend its Ordinance to include attached garages or other attached enclosed structures.
· HCD’s Finding #2 - Approval: The City’s current Ordinance reads that the City must act on permits within 60 days. The City must approve or deny completed applications within 60 days.
The City must amend the Ordinance to comply with State ADU Law. · HCD’s Finding #3 - Owner Occupancy: The City’s current Ordinance includes provisions requiring a covenant to be recorded specifying that no more than one of the units may be rented.
Per HCD the law permits multiple ADUs and one JADU with single and multifamily dwellings and
L.1., File # 23-7006 Meeting Date: 10/17/2023
Per HCD the law permits multiple ADUs and one JADU with single and multifamily dwellings and doesn’t limit rentals to only one ADU. Per HCD the City must remove these provisions. · HCD’s Finding #4 - Application Sequence: HCD cited that our current Ordinance appeared to put a cap on the number of permitted units. HCD noted the City’s existing Ordinance limited the development of an ADU under either “Other” or “Streamlined.” Per HCD, State ADU Law does not limit ADU types to only one of the categories of ADUs but rather explicitly allows any of the by-right ADU types to be combined on a lot. Per HCD the City must remove this restriction. · HCD’s Finding #5 - Fire Sprinklers: HCD noted that our current Ordinance required compliance with “fire rating requirements.” HCD notes that the construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers. HCD requires that the City update its provisions regarding fire sprinklers and “fire rating requirements”. · HCD’s Finding #6 - Separate Sale: HCD cites a narrow exception in the State ADU Law concerning the separate sale of one of the units (nonprofit/affordable). The City must amend its Ordinance to note the exception.
· HCD’s Finding #7 - Detached Structures: HCD identifies that the City’s existing provisions require that converted units in accessory structures with single family primary dwellings be within a “physically attached accessory structure.” State ADU Law does not distinguish between attached or detached accessory structures. The City must amend this section to include a reference to detached accessory structures.
· HCD’s Finding #8 - Unit Mixture Allowance: The City’s existing Ordinance requires in several categories of “streamlined” units that “the Lot on which the accessory dwelling unit is located contains no more than one accessory dwelling unit or junior accessory dwelling unit.” HCD notes that existing provisions cannot limit the number of accessory dwelling units or junior accessory dwelling units to one, and this provision must be stricken. · HCD’s Finding #9 - Existing Dwelling: HCD cites that the City’s current Ordinance specifies that as a condition of approval of detached new construction ADUs, the lot contains an existing two-family or multifamily dwelling. Per HCD the law states the ADUs under this provision may also be approved with a Proposed multifamily dwelling. Per HCD the City must amend this provision.
· HCD’s Finding # 10 - Height: HCD notes that the City’s current Ordinance mentions a height limit of 16 feet in several cases. However, effective January 1, 2023, Government Code section 65852.2, subdivision (c)(2)(D), includes permissible height maximums of 16, 18, 20, and 25 feet, depending on certain circumstances. The City must revise the height limitations accordingly.
The City responded with a letter, dated June 9, 2023, detailing the specific ordinance amendments required to bring the Redondo Beach ADU regulations back into compliance. The proposed amendments implement only the specific changes prescribed by HCD.
On September 21, 2023, the Redondo Beach Planning Commission held a duly noticed public hearing, took public testimony, considered and discussed the draft ordinance amendments pertaining to ADUs, and approved Resolution 2023-09-PCR-15 recommending that City Council adopt the proposed amendments.
This public hearing is for the City Council to introduce the Ordinances, take public testimony, and deliberate on the proposed Ordinance amendments, as recommended by the Planning Commission, which are necessary to bring the Redondo Beach ADU regulations back into compliance with Government Code Sections 65852.2 and 65852.22 (State ADU and JADU laws).
L.1., File # 23-7006 Meeting Date: 10/17/2023
COORDINATION
The preparation of the Ordinances was coordinated with the City Attorney’s Office after consideration by the Planning Commission.
FISCAL IMPACT
The cost of processing Zoning Code amendments is part of the Community Development Department and City Attorney’s Office annual work plans and is included in each Department’s operating budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Ord - NO. 3265-23 Amending Title 10 Chapter 5 ADU Regulations Coastal · Ord - NO. 3264-23 Amending Title 10 Chapter 2 ADU Regulations Inland · Reso - No. CC-2310-109 Accessory Dwelling Unit Coastal · Reso - No. 2023-09-PCR-15 Accessory Dwelling Unit, September 21, 2023 · Planning Commission Administrative Report, September 21, 2023 · Planning Commission Draft Minutes, September 21, 2023 · Letter - City's Response to May 12, 2023 HCD comments on ADU Ordinances FINAL, June 9, 2023
· HCD Letter to Redondo Beach on ADUs, May 12, 2023
· Proof of City Council Public Hearing Notice
· RBMC 10-5.1506 Accessory Dwelling Units - Existing Coastal Ordinance · RBMC 10-2.1506 Accessory Dwelling Units - Existing Inland Ordinance