Administrative
Report
H.4., File # 23-7178 Meeting Date: 11/14/2023
To: MAYOR AND CITY COUNCIL
From: SEAN SCULLY, ACTING COMMUNITY DEVELOPMENT DIRECTOR TITLE
ADOPT 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
EXECUTIVE SUMMARY
On November 7, 2023, the City Council conducted a public hearing, introduced, and approved Zoning Ordinance amendments required to conform to the State’s Urban Lot Split and Two-Unit Development provisions of Senate Bill 9 (SB9), determined that the amendments are exempt from the California Environmental Quality Act (CEQA), and approved a resolution to submit the coastal ordinance amendments to the California Coastal Commission for certification.
Approval of this item would adopt a “permanent” Subdivision and Inland SB9 Ordinance that would become effective December 14, 2023. Due to extra noticing requirements, the Coastal Land Use Plan Implementing Ordinance for SB9 will be submitted for consideration of adoption at the November 21 City Council meeting.
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 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.
On November 7, 2023, the City Council approved Zoning Ordinance amendments required to conform to the State’s Urban Lot Split and Two-Unit Development provisions of Senate Bill 9 (SB9).
The approved Ordinances replace Urgency Ordinance No. 3226-21 which was adopted by the City Council for an initial 45-day period on December 14, 2021 and extended by the City Council for an additional 22 months and 15 days on February 1, 2022. Urgency Ordinance No. 3226-21 is set to
H.4., File # 23-7178 Meeting Date: 11/14/2023
expire on December 19, 2023.
The approved SB9 Ordinance amending Title 10 Chapter 5 Coastal Land Use Plan Implementing Ordinance cannot be adopted by the City Council until the November 21, 2023, City Council meeting due to the additional public noticing requirements for Zoning amendments in the coastal zone per RBMC 10-5.2504 (j) which requires at least 6 weeks of public notice prior to any final action on a Zoning amendment. There will be a 2-day gap between the effective date of the permanent SB9 Ordinance for the coastal zone and the expiration of the current Urgency Ordinance No. 3226-21 where the City would rely on the State’s SB9 provisions solely.
COORDINATION
Preparation of the Ordinances was coordinated with the City Attorney’s Office, with input from 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. 3266-23 SB9 Ordinance (Subdivision and Inland Ordinance) · Administrative Report - City Council, November 7, 2023 · SB9 CEQA Exemption Declaration, November 2, 2023
· Ord - Urgency Ordinance No. 3226-21, December 21, 2021 · Ord - Extension of Urgency Ordinance No. 3226-21, February 1, 2022 · Proof of SB9 Public Hearing Notification
· SB 9 as Approved by Governor September 16, 2021 and Chaptered