Administrative
Report
L.1., File # 23-6709 Meeting Date: 11/7/2023
To: MAYOR AND 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 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 DEVELOPMENTS SUBJECT TO SENATE BILL 9 (SB9) AND CONSIDERATION OF A CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION FOR THE PROPOSED AMENDMENTS IN
ACCORDANCE WITH THE 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 ordinance to the CA Coastal Commission.
INTRODUCE BY TITLE ONLY ORDINANCE NO. 3266-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING TITLE 10, CHAPTER 1, SUBDIVISIONS AND TITLE 10, CHAPTER 2, ZONING AND LAND USE OF THE REDONDO
BEACH MUNICIPAL CODE PERTAINING TO URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS SUBJECT TO SENATE BILL 9 (SB9) AND DETERMINING SUCH
AMENDMENTS AS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT INTRODUCE BY TITLE ONLY ORDINANCE NO. 3267-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING TITLE 10, CHAPTER 5,
COASTAL LAND USE IMPLEMENTING ORDINANCE OF THE REDONDO BEACH MUNICIPAL
CODE PERTAINING TO URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS SUBJECT TO SENATE BILL 9 (SB9) AND DETERMINING SUCH AMENDMENTS AS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2311-116, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, FORWARDING TO AND
REQUESTING CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION OF AMENDMENTS TO THE COASTAL LAND USE PLAN IMPLEMENTATION ORDINANCE (TITLE 10, CHAPTER 5 OF THE MUNICIPAL CODE) PERTAINING TO URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS SUBJECT TO SENATE BILL 9 (SB9) IN SINGLE-FAMILY RESIDENTIAL ZONES
IN THE COASTAL ZONE, CONSISTENT WITH STATE LAW, WHICH IS INTENDED TO BE CARRIED OUT IN A MANNER FULLY IN CONFORMITY WITH THE COASTAL ACT; AND
L.1., File # 23-6709 Meeting Date: 11/7/2023
CARRIED OUT IN A MANNER FULLY IN CONFORMITY WITH THE COASTAL ACT; AND PROVIDING THAT THE AMENDMENTS TO THE CITY’S LOCAL COASTAL PROGRAM WILL TAKE
EFFECT AUTOMATICALLY UPON COASTAL COMMISSION APPROVAL PURSUANT TO PUBLIC RESOURCES CODE SECTION 30514 AND TITLE 14, SECTION 13551 OF THE CALIFORNIA
CODE OF REGULATIONS
EXECUTIVE SUMMARY
California Senate Bill 9 (Atkins) (SB9) was signed into law by Governor Newsom on September 19, 2021 and became effective on January 1, 2022. SB9 requires ministerial approval of the subdivision of a single-family zoned parcel into two approximately equal parcels and/or the development of two residential units per lot in single-family zones. The new law allows local agencies to adopt objective standards to govern these types of projects, yet imposes restrictions on what agencies can require, including limits on parking and setback requirements.
Below is a summary of the actions the City Council and Planning Commission have taken to date to comply with SB9:
· November 16, 2021, City Council discussed possible objective standards that could be adopted to address SB9 and directed staff to prepare an interim urgency ordinance · December 14, 2021, staff presented an initial draft SB9 urgency ordinance to City Council o City Council requested that staff investigate suggested changes to the urgency ordinance addressing landscaping, sustainability, additional setbacks, standards from other jurisdictions, and affordability
o City Council continued the item to the December 21, 2021, meeting to provide time for the above revisions to be considered
· December 21, 2021, Urgency Ordinance No. 3226-21 was adopted for an initial 45- day period · January 18, 2022, City Council accepted into the record the official written report describing the measures taken to alleviate the condition which led to the adoption of the urgency ordinance as required by Government Code Section 65858(d) · February 1, 2022, City Council held a public hearing and approved the extension of Urgency Ordinance No. 3226-21 for an additional 22 months and 15 days through December 20, 2023 in order to further study appropriate objective standards to include as part of the implementation of a permanent ordinance pertaining to SB9 · February 17, 2022, July 20, 2023, August 17, 2023, the Planning Commission held duly noticed public meetings, took public testimony, discussed and considered Urgency Ordinance No. 3226-21 in consideration of making the urgency ordinance permanent · September 21, 2023, the Planning Commission reviewed and recommended the adoption of the permanent ordinances and the finding that the ordinances are exempt from the California Environmental Quality Act.
This agenda item provides an opportunity for the City Council to hold a public hearing for introduction and first reading of the permanent Ordinances required to comply with SB9 and adoption of a resolution to refer the SB9 coastal ordinance to the California Coastal Commission for certification.
BACKGROUND
California SB9 was signed into law by Governor Newsom on September 19, 2021 and became effective on January 1, 2022. SB9 requires cities and counties, including charter cities, to provide for the ministerial approval of a housing development in a single-family residential zone that will split the lot, add a second home on the lot, or both. The new legislation eliminates discretionary review and
L.1., File # 23-6709 Meeting Date: 11/7/2023
lot, add a second home on the lot, or both. The new legislation eliminates discretionary review and public oversight of the proposed subdivision of one lot into two parcels by removing public notice and hearing requirements, as is typical for residential subdivisions. The bill exempts SB9-qualifying projects from environmental review as required by the California Environmental Quality Act (CEQA).
The bill also exempts local agencies from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to SB9.
The City Council adopted Urgency Ordinance No. 3226-21 related to SB9 on December 21, 2021, and subsequently extended the Urgency Ordinance at a public hearing on February 1, 2022 for an additional 22 months and 15 days (for a total of 2 years). The City Council also referred the item to the Planning Commission for their consideration, including review of City Council comments related to the topics below and to provide feedback on other recommended additions or revisions that should be included as part the implementation of a permanent ordinance pertaining to SB9. The solid bullets below represent each topic area presented by the City Council, and the open bullets provide the outcome/status of the topic area and/or note other considerations. · Acknowledge that Redondo Beach is not dominated by single family housing, but rather has a majority of multi-family zoning
o Included in the “recitals” of the proposed Ordinance
· Examine tree planting requirement to ensure it is adequate o Included within the “Unit Standards” provisions of the proposed Ordinance o The tree planting provisions would be managed similarly as the City’s existing street tree removal request/in lieu fee procedures in terms of process and fees · Incorporate applicable items from the Climate Action Plan, including requirements for cool roofs, solar panels, grey water systems, electric vehicle charging, greenhouse gas emission reduction
o Not authorized as an allowed objective development standard pursuant to SB9 o Similar provisions were proposed by Temple City and determined by the Department of Housing and Community Development (HCD) to result in a “governmental constraint to the development of housing” and therefore inconsistent with Housing Element Law (Government Code Sections 65580-65589.11)
· Evaluate the individual ownership requirement to properly address corporations o SB9 does not directly address the manner of property ownership o The proposed Ordinance includes language limiting an urban lot split and two-unit developments to “individual property owners”
· Consider an option of requiring the owner to occupy, not just addressing intent to occupy o SB9 explicitly limits the language concerning owner occupancy provisions to the “intent to occupy” provisions for the urban lot split type SB9 project and therefor that language is included in the proposed Ordinance
o Concerning two-unit developments, SB9 does not have the same “limit” on owner occupancy, therefore for two-unit developments a provision expressly requiring the individual property owner(s) to live in one of the dwelling units on the lot as the owner’s primary residence and legal domicile
· Consider a requirement that the design is not to encroach into a required front yard setback before exhausting the option to build to the rear and side yard setbacks in order to provide two units of 800 square feet each
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o Included with the “Unit Standards” provisions of the proposed Ordinance · Review objective standards being considered by other similar municipalities o Temple City was considered the example jurisdiction for determining the latitudes that could be pursued beyond those objective standards explicitly included in SB9 § Legal counsel and City staff considered the Temple City SB9 standards and the response from HCD to Temple City in the development of the proposed Ordinances.
· Evaluate the affordability requirement
o Similar provisions were proposed by Temple City and determined by HCD to result in a “governmental constraint to the development of housing” and therefore inconsistent with Housing Element Law (Government Code Sections 65580-65589.11)
STATE ADVISORIES TO CONSIDER
The SB9 regulations went into effect on January 1, 2022. Several municipalities did adopt regulations immediately. In response, the HCD issued a fact sheet on SB9 in March 2022. As well, HCD issued their position on intensity of land use and SB9, addressing concerns with over-reaching ordinances that municipalities adopted, including Temple City.
Included in this agenda packet is the summary sheet of what Temple City adopted, as well as the response from HCD on what was not acceptable in those regulations. This information assisted and guided city staff, legal counsel, and the Planning Commission in understanding what the City may and may not implement in their local laws regarding SB9.
As originally drafted, SB9 did not provide HCD with direct enforcement authority. However, with the recent passage and signing by the Governor of SB434, HCD will now have direct enforcement authority over SB9 statutes which may lead to additional and explicit “interpretations” that could require future amendment(s) to the City’s proposed SB9 Ordinances.
ORDINANCE SUMMARIES
Based on prior City Council discussion and direction, HCD technical advisories and responses to other jurisdictions, and the Planning Commission discussions and recommendations, Planning Division staff and the City Attorney’s Office prepared the proposed Ordinances to effectively include local objective standards, while complying with state housing laws inclusive of the more recent developments related to SB9 implementation by the State. The following is a bulleted summary of the component elements of the Urban Lot Split and Two-Unit Development provisions proposed in the permanent SB9 compliant Ordinance.
Urban Lot Splits (inland and coastal)
· Only an “individual property owner” can apply for an urban lot split, not corporations or corporate persons
· An application for a parcel map for an urban lot split is approved ministerially (no public notice, hearing, or discretion) if it complies with the Subdivision Map Act o No dedication of rights-of-way or construction of offsite improvements can be required for an urban lot split
· Only permitted in the R-1 and R-1A Single-Family Residential Zones · Reiterates limits for sites with certain circumstances as established by SB9 (i.e., wetland, hazardous waste sites, flood hazard area, etc.)
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· Prohibits lot split on historic property or within historic district · Specifies that the lot being split was not previously established through a prior urban lot split · Specifies that the lot being split may not be adjacent to a parcel that has been split by the same owner or person acting in concert with the same owner. · Reiterates protected housing limits of SB9
o Housing is not income restricted to moderate, low, or very low income o Housing is not subject to any form of rent control
o Housing was not occupied by a tenant in the last three years · Limits lot sizes that can be split
o Lot to be split must be at least 2,400 sf.
o Resulting lots must each be at least 1,200 sf.
o Each resulting lot must be approximately equal, between 60% and 40% of original lot area
· Requires easements with public service providers for each resulting lot · Mandates that each resulting lot must adjoin the public right of way with minimum frontage of at least 20 feet
· No more than two dwelling units of any kind, inclusive of ADUs and JADUs can be built on a lot resulting from an urban lot split
· Limits separate conveyance of dwelling units on same lot created by urban lot split (no condominium)
· Specifies only residential use, no short-term rentals, and requires an affidavit stating that the property owner “intends” to occupy one of the units
· Requires the owner to record a “deed restriction” that any dwelling will not be rented for less than 30 days, prohibits separate conveyance, and documents the that the property is formed by an urban lot split
· Reiterates specific adverse impact provisions of SB9
· Acknowledges that Coastal regulations apply in full, except public hearings for coastal development permits for urban lot splits
Two-Unit Developments (inland and coastal)
· Only an “individual property owner” can apply for an urban lot split, not corporations or corporate persons
· Require that the lot on which the two-unit project is proposed must have been legally subdivided
o Certificate of compliance with the Subdivision Map Act must be provided with application
· An application for a two-unit project is approved ministerially (no public notice, hearing, or discretion)
· Lot must have been legally subdivided
· Only permitted in the R-1 and R-1A Single-Family Residential Zones · Reiterates limits for sites with certain circumstances as established by SB9 (i.e., wetland, hazardous waste sites, flood hazard area, etc.)
· Prohibits two-unit project on historic property or within historic district · Reiterates protected housing limits of SB9
o Housing is not income restricted to moderate, low, or very low income
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o Housing is not subject to any form of rent control
o Housing was not occupied by a tenant in the last three years · If the lot was created by an urban lot split, no more than two dwelling units of any kind, inclusive of ADUs and JADUs can be built on each lot
· A lot not created by urban lot split may have a two-unit project plus any ADU or JADU per the City’s ADU ordinance
· Limits the demolition to only 25% of an existing dwelling unless the site has not been occupied by tenant in last three years
· Floor area ratio and outdoor living space requirements of the underlying zone to be required to the extent feasible so long as two primary dwelling units on the lot at 800 square feet each are permitted
· Requires a new tree for each new unit, or fee in lieu · Requires tree replacement for mature trees (trunk diameter of 6” or greater), or fee in lieu · Limits the floor area of second primary unit to 800 square feet · Limits height and story of a second unit that is attached to an existing residence to the requirements of the underlying zone
· Limits the height and story of detached second units to 16 feet (with 2’ additional height allowance to match roof pitch of existing residence) and 1 story · Setbacks of the underlying zone apply to the extent feasible o A two-unit project is not to encroach into the required front yard before exhausting options to build to the rear and side setbacks in order to provide two units of 800 sf. · Require parking as allowed by SB9.
o One off-street parking space per unit unless located within one-half mile of high-quality transit corridor or a major transit stop
· Mandates that each primary dwelling unit on a lot must have its own direct utility connections · Requires all structures to comply with all current local building standards · Specifies that impact fees for additional primary dwelling unit shall be charged, and proportional for ADUs/JADUs as allowed by State regulations · Stipulates that all other applicable standards apply to the extent that they do not conflict with State law, including applicable requirements for affordable housing and architecture o This will be applicable when inclusionary housing ordinance is adopted · Limits separate conveyance of dwelling units on same lot (no condominium) · Specifies no short-term rentals, and affidavit of owner occupancy unless the lot was formed by urban lot split
· Requires notice of construction at least 30 business days before starting construction to all owners of record of each adjacent residential property
o Notice does not confer a right on the noticed persons to comment on the project o Approval is ministerial
o Notice is purely to promote neighborhood awareness
· Requires the owner to record a “deed restriction” that any dwelling will not be rented for less than 30 days, prohibits separate conveyance, and if the property is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units · Reiterates specific adverse impact provisions of SB9
· For two-unit projects in the Coastal Zone, acknowledges that Coastal regulations apply in full, except public hearings for coastal development permits for urban lot splits
L.1., File # 23-6709 Meeting Date: 11/7/2023
COORDINATION
The Community Development Department coordinated the preparation of the associated ordinances and resolutions 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
· Ordinance 3266-23 Subdivision and Inland Ordinance
· Ordinance 3267-23 Coastal Ordinance
· Resolution CC-2311-116 Forwarding to and Requesting Certification by the California Coastal Commission of the Coastal Ordinance
· CEQA Exemption Declaration
· Planning Commission Resolution Recommending Adoption of Ordinances · Exhibit A for Planning Commission Resolution (Subdivision and Inland Ordinance) · Exhibit B for Planning Commission Resolution (Coastal Ordinance) · SB 9 as Approved by Governor 2021-09-16 and Chaptered · Ord - Urgency Ordinance No. 3226-21, December 21, 2021 · Administrative Report - City Council Report on Urgency Ordinance Extension, January 18, 2022
· Ord - Urgency Ordinance No. 3226-21 Extension, February 1, 2022 · Presentation - Planning Commission SB9, August 17, 2023 · Administrative Report - Planning Commission SB9, August 17, 2023 · Presentation - Planning Commission SB9, July 20, 2023 · Administrative Report - Planning Commission SB9, July 20, 2023 · Presentation - Planning Commission SB9, February 17, 2022 · Administrative Report - Planning Commission SB9, February 17, 2022 · Email - HCD Releasing Fact Sheet, March 25, 2022
· Fact Sheet - HCD SB9 Fact Sheet, March 2022
· Summary Sheet - Temple City Urban Lot Split
· Email - Notification of HCD Position on Intensity of Land Use Addressing Temple City from Davis White, YIMBY Law, June 2, 2022
· Letter - HCD to Temple City Community Development Director, April 29, 2022 · Proof of Public Hearing Notification