RESOLUTION NO. CC-2310-109
ACCESSORY DWELLING UNIT COASTAL ORDINANCE FORWARDED TO COASTAL COMMISSION PAGE 1
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
WHEREAS, on September 11, 2003, the California Coastal Commission certified the Local Coastal Plan ("LCP") of the City of Redondo Beach (LCP Amendment No. RDBLCP-1-02); WHEREAS, State Law enables the City of Redondo Beach to adopt an ordinance allowing the creation of accessory dwelling units in residentially zoned areas, and impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places (Government Code Section 65852.2); WHEREAS, nothing in the Government Code section pertaining to accessory dwelling units shall be construed to supersede or in any way lessen the effect or application of the California Coastal Act of 1976 (Division 20 of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units; WHEREAS, California Coastal Commission recommends that the City of Redondo Beach amend the local coastal plan and the Coastal Land Use Plan Implementation Ordinance to align the new accessory dwelling unit requirements; WHEREAS, the City intends to remove governmental constraints on the development of housing opportunities by amending the development standards for accessory dwelling units (Redondo Beach General Plan – Housing Element Policy 4.1); WHEREAS, the City of Redondo Beach’s existing ADU ordinance in the coastal zone incorporating the California Coastal Commission amendments on September 20, 2022 with confirmed certification by the California Coastal Commission on November 18, 2022 does not conform to the newly adopted amendments to Section 65852.2; WHEREAS, the purpose of this Ordinance is to implement Section 65852.2, as amended, and provide for the health, safety, and welfare of City of Redondo Beach RESOLUTION NO. CC-2310-109
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citizens by ensuring that development standards are established for ADUs and JADUs that account for local conditions;
WHEREAS, the Ordinance applies to the issuance of building permits and other ministerial permits that pertain to ADUs and JADUs;
WHEREAS, the Ordinance is consistent with Government Code sections 65852.2 and 65852.22, as amended, insofar as it attempts to comply with the standards of section 65852.2 and 65852.22, as amended to the greatest extent feasible; WHEREAS, the Ordinance is consistent with the Coastal Land Use Plan Implementing Ordinance, the Housing Element of the General Plan, and other regulations of the City of Redondo Beach;
WHEREAS, on September 21, 2023, the Planning Commission conducted a duly noticed public hearing, accepted public testimony, considered the proposed CEQA exemption, and recommended that the City Council adopt ordinances amending the Zone Ordinance and the Coastal Land Use Plan Implementing Ordinance provisions pertaining to accessory dwelling units;
WHEREAS, on October 17, 2023, the City Council held a duly noticed public hearing and considered the Planning Commission recommendations, heard public testimony, discussed the proposed ordinance amendments to the Coastal Land Use Implementing Ordinance and approved the proposed amendments to Title 10, Chapter 5 of the Redondo Beach Municipal Code (Coastal Land Use Plan Implementation Ordinance) pertaining to accessory dwelling units;
WHEREAS, the amendment to the Coastal Land Use Plan Implementation Ordinance is consistent with the Coastal Land Use Plan and the Comprehensive General Plan of the City;
WHEREAS, the amendment does not require a vote of the people under Article XXVII of the City Charter;
WHEREAS, in compliance with the California Environmental Quality Act of 1970, as amended (CEQA), and State and local guidelines adopted pursuant thereto, the City Council of the City of Redondo Beach determined that the Municipal Code amendments qualify for CEQA statutory and general rule exemptions. Under Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code (i.e. the State Accessory Dwelling Unit law). Furthermore, the adoption of an ordinance to implement state law will not result in direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c)(2)) and the activity is not considered a project under CEQA and therefore qualifies for the general rule exemption under Section 15061(b)(3) of the CEQA Guidelines;
RESOLUTION NO. CC-2310-109
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WHEREAS, Public Resources Code Section 30514 provides, in relevant part, that, "Any proposed amendments to a certified local coastal program shall be submitted to, and processed by, the commission in accordance with the applicable procedures and time limits specified in Sections 30512 and 30513";
WHEREAS, California Code of Regulations, Title 14, Section 13551, requires the City to adopt a resolution to submit an amendment to the LCP to the Coastal Commission for review and approval; and
WHEREAS, on October 17, 2023, the City Council adopted a resolution to submit the amendments to the LCP to the Coastal Commission for review and approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds that the above recitals are true and correct and are incorporated herein by reference as if set forth in full.
SECTION 2. The City Council hereby submits the adopted modifications to the Coastal Land Use Implementation Ordinance to the Coastal Commission for certification pursuant to Public Resources Code Section 30514 and California Code of Regulations, Title 14, Section 13551(b) as an amendment which will take effect automatically upon Commission approval.
SECTION 3. Pursuant to Public Resources Code Section 30510, the City Council: (1) hereby certifies that if the amendments to the LCP are certified by the Coastal Commission, the City Council intends to carry out the amendments to the LCP contained in Ordinance No. ***** in a manner fully in conformity with Division 5.5 of the Public Resources Code; and (2) hereby directs City Staff to provide the Coastal Commission with materials sufficient for a thorough and complete review, to the extent feasible and appropriate.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
RESOLUTION NO. CC-2310-109
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PASSED, APPROVED AND ADOPTED this 17th day of October, 2023.
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2310-109
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Resolution No. CC-2310-109 was passed and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 17th day of October, 2023, and there after signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Eleanor Manzano, CMC
City Clerk