RESOLUTION NO.
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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 1
SUBDIVISIONS AND TITLE 10, CHAPTER 2 ZONING AND
LAND USE AND TITLE 10, CHAPTER 5 COASTAL LAND
USE PLAN IMPLEMENTING ORDINANCE PERTAINING
TO URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENS
SUBJECT TO SENATE BILL 9 (SB9), AND
RECOMMEDING THAT THE CITY COUNCIL DETERMINE
SUCH AMENDMENTS AS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, SB 9, the California Housing Opportunity and More Efficiency (HOME) Act, was signed into law by the Governor on September 16, 2021 and went into effect on January 1, 2022; and
WHEREAS, the law requires cities and counties to ministerially approve certain two-unit projects and lot splits. Under the law, if a lot split is followed by the development of a two-unit project on each lot, four units could be built on what was previously a singlefamily residential parcel; and WHEREAS, the new regulations under SB9 allow local agencies to adopt objective standards to govern these types of projects, yet impose restrictions on what agencies can require, including limits on parking and setback requirements. Additionally, in order to qualify for a two-unit development or lot split, parcels must meet certain criteria under the law; and
WHEREAS, on January 19, 2021, with the concurrence of the Mayor, the City Council approved Resolution No. CC-2102-009 which opposed SB 9; which acknowledged that if enacted into law, SB 9 would require cities and counties, including charter cities, to provide for the ministerial (“by right”) approval of housing developments containing two residential units (a duplex) and a parcel map dividing a lot into two equal part (“lot split”) for residential use; and exempts environmental review; and would approve these projects without discretionary review, or a public hearing; thereby undermining local land use control and the concept of “Home Rule” by the imposition of State legislation on local government agencies, including charter cities; and WHEREAS, on September 10, 2021, the League of California Cities submitted a letter in opposition to SB 9, which was signed by 240 cities across California, which acknowledged that housing affordability and homelessness are serious issues facing California cities. However, SB 9 does not guarantee the construction of affordable housing nor will it generate additional housing development which supports local flexibility, decision-making and community input. The letter concluded by urging state RESOLUTION NO.
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policymakers to avoid pushing new, unproven policies that would undermine local planning, changing rules mid-stream, or conflict with new housing laws that cities are now implementing; and
WHEREAS, the California Environmental Quality Act does not apply to ministerial actions, so any of the new lots and new construction undertaken pursuant to SB 9 would not be subject to environmental review; and
WHEREAS, the City Council finds that SB 9 was passed without serious study or consideration of the potential impact related to character of single-family residential neighborhoods, vehicular and pedestrian safety, on-street parking demands, traffic, greenhouse gas emissions, air quality, housing affordability, and other environmental factors; and
WHEREAS, the California Legislature has declared a statewide housing emergency, to be in effect until January 1, 2025; and
WHEREAS, California is experiencing a housing supply crisis with housing demands outstripping supply. The housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the City Council finds that SB 9 was passed without consideration of the many efforts the City of Redondo Beach has taken to address housing affordability such as establishing the Pallet Shelter program and initiation of the preparation of an Inclusionary Housing ordinance. These efforts were undertaken to increase housing supply in a more holistic community planning strategy while maintaining the unique character of our established neighborhoods; and
WHEREAS, the City of Redondo Beach has had balanced approach, via zoning, to the development of diverse housing types over recent decades, where Redondo Beach’s current mix of residentially zoned neighborhoods is 65% Multiple Family designations and only 35% Single Family residential; and WHEREAS, pursuant to SB 9, local agencies may adopt objective standards for the mandatory ministerial lot splits and two-unit development projects so that the standards take effect before January 1, 2022; and
WHEREAS, the City Council finds that the City of Redondo Beach’s land use planning efforts to provide well thought out high density residential housing in appropriate areas of the City can be undermined each time an SB 9 lot split and/or project is undertaken without this ordinance unfettered SB 9 lot splits and/or projects could occur without consideration for the environmental land use impacts thereof; and WHEREAS, pursuant to California Government Code Section 65858 and in order to protect the public health, safety, and welfare, the City Council may adopt as an urgency measure, and interim ordinance regarding any uses that may be in conflict with a RESOLUTION NO.
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contemplated general plan or zoning proposal that the City intends to study within a reasonable time; and
WHEREAS, on December 21, 2021, the City Council considered and adopted Urgency Ordinance No. 3226- 21 for an initial 45- day period; and WHEREAS, on January 18, 2022, which was 10 days prior to the expiration of Urgency Ordinance No. 3226- 21, the City Council did consider and approve the report of the City Council describing the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 3226- 21 pursuant to Government Code Section 65858(d); and
WHEREAS, on February 1, 2022, the City Council held a public hearing to consider an extension of Urgency Ordinance No. 3226- 21 for a period of 22 months and 15 days after providing the requisite notice pursuant to Government Code Section 65090to provide adequate time to study the full impact of SB9 to fully understand whether additional objective standards are warranted to address the potential impacts of SB0 while simultaneously achieving the legislative goals of providing increased housing, particularly increased affordable housing; and
WHEREAS, California Government Code Section 65858 expressly authorizes the City Council to adopt by four-fifths vote, without following the procedures otherwise required for the adoption of a zoning ordinance, an interim ordinance that might be in conflict with a contemplated general plan, specific plan or zoning proposal that the City Council is considering and intends to study within a reasonable time. The interim ordinance shall be of no further force and effect 22 months and 15 days after the initial 45-day period pursuant to section 65858; and
WHEREAS, the City Council intends to adopt permanent measures related to SB9 to replace the urgency ordinance based on the study of SB9; and WHEREAS, the Planning Commission held meetings to discuss the permanent ordinances pertaining to Urban Lot Splits and Two-Unit Developments subject to Senate Bill 9 (SB 9) on February 1, 2022, July 20, 2023, and August 17, 2023 to provide recommended revisions to the ordinances; and
WHEREAS, the Planning Commission held a duly noticed public hearing, took public testimony, and considered the draft ordinances pertaining to Urban Lot Splits and Two-Unit Developments on September 21, 2023 and made recommendations to the City Council for consideration, including determination that the amendments qualify for exemption from the California Environmental Quality Act (CEQA).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
REDONDO BEACH, CALIFORNIA, DOES HEREBY FIND AS FOLLOWS:
SECTION 1. FINDINGS
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1. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because SB9 establishes a new exemption for housing developments containing no more than two residential units within a single-family residential zone when the proposed housing development meets certain requirements per Government Code Section 65852.21 and establishes a ministerial exemption for a parcel map for an urban lot split creating two new parcels of equal size in a residential zone per Government Code Section 66411.7. These amendments are exempt from the California Environmental Quality Act (CEQA) as provided in Government Code Section 65852.21(j) and Public Resources Code Section 21080.17; and CEQA Guidelines Sections 15060(c)(3) and 15061(b)(3).
2. The amendments to the Zoning Ordinance are consistent with the General Plan, including the Housing Element of the General Plan adopted on July 5, 2022, because there is no change that would be inconsistent with the Housing Element of the General Plan.
3. The amendments to the Coastal Land Use Plan Implementing Ordinance are consistent with the City’s Local Coastal Plan (LCP) , because there is no change that would be inconsistent with the Local Coastal Plan.
4. These amendments do not require a vote of the people under Article XXVII of the City Charter.
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. AMENDMENT TO CODE. The Planning Commission recommends that Title 10, Chapter 1 Subdivisions and Title 10 Planning and Zoning, Chapter 2 Zoning and Land Use be amended as per Exhibit A.
SECTION 2. AMENDMENT TO CODE. The Planning Commission recommends that Title 10 Planning and Zoning, Chapter 5 Coastal Land Use Plan Implementing Ordinance be amended as per Exhibit B.
SECTION 3. 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 4. 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 RESOLUTION NO.
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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.
PASSED, APPROVED, AND ADOPTED this day of , 2023.
________________________
Rob Gaddis, Chair
Planning Commission
City of Redondo Beach
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF REDONDO BEACH )
I, Sean Scully, Acting 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 an adjourned regular meeting of said Planning Commission held on the day of , 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
_______________________________
Sean Scully
Acting Community Development Director
RESOLUTION NO.
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APPROVED AS TO FORM:
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City Attorney’s Office