June 9, 2023
Shannan West, Housing Accountability Unit Chief
Department of Housing and Community Development
Division of Housing Policy Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
Via Email to Mike Van Gorder at [email protected] Dear Shannan West:
RE: Ordinance No. 3210-20 Accessory Dwelling Units
Thank you for your May 12, 2023 letter providing comments on Redondo Beach’s two ADU Ordinances for the coastal and inland zones, Redondo Beach Municipal Code (RBMC) Section 10-2.402 (“Ordinances”). The letter points out that several provisions of the Ordinances do not comply with Government Code Section 65852.2. Some of HCD’s comments provide further clarity and direction to HCD’s previous comments on the Ordinances, and some require conformance to recent changes in Section 65852.2. 1 The City Planning Staff accepts HCD’s comments and will seek amendments to both Ordinances to conform to HCD’s comments. See attached proposed Ordinance (this is for inland, but we will make same revisions to coastal) attached with the amendments shown in redline. We anticipate that the City Planning Commission will consider the proposed amendments to the ADU Ordinances this summer. If the Planning Commission adopts the amendments, consideration by the City Council and the Coastal Commission (for the coastal ordinance only) would follow.
To help HCD understand the City’s proposed amendments, we set forth HCD’s comments and the City’s responses below
HCD’S FINDING #1 REGARDING JADU DEFINITION:
Section 10-2.402 (a) Definitions – JADU Definition – The Ordinance defines a junior accessory dwelling unit (JADU) as “…a unit that is no more than 500 square 1 On October 12, 2020, Reid Miller of HCD reviewed the City’s proposed ADU ordinances in draft form and provided initial comments. Staff sought further clarification of various comments from HCD and incorporated HCDs recommended changes as clarified. On October 30, 2020, Mr.
Miller indicated that that HCD had no further comments or suggested revisions to the draft ordinances. On November 19, 2020, the Planning Commission reviewed the draft ordinance. On January 12, 2021, the City Council adopted the Ordinances. 415 Diamond Street, P.O. Box 270
Redondo Beach, California 90277-0270
www.redondo.org
Community Development Department
Planning Division
tel: 310 318-0637
fax: 310 372-8021
City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 2 of 10 feet in size and is contained entirely within a single-family residence.” However, Government Code section 65852.22, subdivision (a)(4), states that “enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence” and may be converted to a JADU.
The City must amend the Ordinance to include attached garages or other enclosed uses.
CITY’S RESPONSE TO FINDING #1:
RBMC Section 10-2.1506 (b)(2)(d) provides that Junior ADUs are permitted within existing space, meaning building and/or structure, that are “…wholly within the existing or proposed space of a single-family dwelling or the existing space of a physically attached accessory structure, or requires an addition of no more than 150 square feet to an existing accessory structure to accommodate ingress and egress,” as mandated by Government Code Section 65852.2 (e)(1)(A)(i). An accessory structure simply means a subordinate structure to the main building. In these instances, an attached garage is interpreted to be a subordinate structure to the residence.
In practice, residence and dwelling are used interchangeably. Because of the relatively recent changes in State law, staff interprets the accessory dwelling unit (ADU) provisions as superseding the municipal code definitions2 that otherwise limit the number of dwelling units within a single-family residential structure.
Accordingly, we will propose that RBMC Section 10-2.402(a) be revised to read:
“(97.5)“Junior accessory dwelling unit” shall mean a unit that is no more than 500 square feet in size and is contained entirely within a single-family residence, its attached and enclosed garage, or other space that is enclosed and attached to the single family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.” HCD’S FINDING #2 REGARDING APPROVAL:
10-2.1506 (a)(3)(a) – Approval – The Ordinance states, “the Community Development Director and Chief Building Officer shall act on all required permits… within 60 days…” (emphasis added). However, effective January 1, 2023, Government Code section 65852.2, subdivision (a)(3) requires that the permitting agency “shall either approve or deny the application to create or serve an
2RMBC 10-2.402(66): “Dwelling, one-family” or “dwelling, single-family” as “a building consisting of one dwelling unit, on a lot containing no other dwelling unit, no portion of which shall be rented, leased, or otherwise conveyed as additional dwelling units.”
RMBC 10-2.402(63): “Dwelling” or “Dwelling unit” are defined as “a building, or portion thereof, consisting of one or more rooms, including a kitchen, which is designed and used or available for use exclusively as a single residence and which otherwise conforms to the provisions of this chapter.” City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 3 of 10 accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application...” (emphasis added).
Therefore, pursuant to the subdivision, the City must approve or deny completed applications within 60 days. The City must amend the Ordinance to comply with State ADU Law.
CITY’S RESPONSE TO FINDING #2:
We will propose that RBMC Section 10-2.1506 (a)(3)(a) be revised to read:
“a. If there is an existing single-family or multi-family dwelling on the lot, the Community Development Director and Chief Building Official shall act on approve or deny all required permits for accessory dwelling units or junior accessory dwelling units within sixty (60) days after receipt of a complete and code compliant application.”
and that RBMC Section 10-2.1506 (a)(3)(b) be revised to read:
“b. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the applicant is encouraged to submit the accessory dwelling unit and other proposal(s) for combined review by the Community Development Director and Chief Building Official. If the applicant makes this election, the applicant voluntarily forgoes the streamlining procedures of Subsection (b). If the applicant does not elect combined review and the application for the accessory dwelling unit complies with the streamlining procedure of Subsection (b), the Community Development Director and Chief Building Official will apply the streamlining procedure of Subsection (b) to the application, including the sixty (60)-day time period to approve or deny act on a complete and Code compliant application.”
HCD’S FINDING #3 REGARDING OWNER OCCUPANCY:
10-2.1506 (a)(10) – Owner Occupancy – The Ordinance states “a covenant shall be recorded that specifies that no more than one of the units may be rented.” However, as State statute permits multiple ADUs and one JADU with single-family dwellings, as well as multiple ADUs with multifamily dwellings, limiting the rental to only one unit violates State statute. Government Code, section 65852.2, subdivision (a)(8), establishes the maximum standards that local agencies shall use to evaluate a proposed ADU. No additional standards, other than those provided in the subdivision, shall be used or imposed, except that a local agency may require that an ADU be rented for longer than 30 days. The subdivision does not limit rentals to only one ADU. Additionally, standards adopted by a local agency, pursuant to subdivisions (a)-(d), may not be imposed on ADUs and JADUs created pursuant to subdivision (e)(1). Therefore, the City must remove this provision.
City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 4 of 10 CITY’S RESPONSE TO FINDING #3:
RBMC Section 10-2.1506 (a)(10) states, “For any accessory dwelling unit permitted after January 1, 2025, for single-family residential zones, the primary unit or the accessory dwelling unit shall be occupied by the owner of the property.” Owner occupancy is not presently required. Government Section 65852.2, subdivision (a)(8)(B)(i), states, “Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.”
We will propose that RBMC Section 10-2.1506 (a)(10) be revised to read:
“(10) Owner occupancy. Any declaration of restrictions regarding owner occupancy previously recorded in conjunction with development of an accessory dwelling unit remains valid and binding on any successor in ownership of the property unless the accessory dwelling unit is removed. For any accessory dwelling unit permitted after January 1, 2025, for single-family residential zones, the primary unit or the an accessory dwelling unit shall be occupied by the owner of the property. Prior to the issuance of a building permit for the accessory dwelling unit, a covenant shall be recorded that specifies that no more than one of the units may be rented.”
HCD’S FINDING #4 REGARDING APPLICATION SEQUENCE:
10-2.1506 (a)(11) – Application Sequence – The Ordinance states “Where an accessory dwelling unit was constructed on a lot with a proposed or existing multifamily dwelling under Subsection (c)(2), an application may not thereafter be submitted under Subsection (b) for a streamlined accessory dwelling unit on the same lot.” This appears to be a cap on the number of permitted units. However, Government Code section 65852.2, subdivision (a), permits one unit to be ministerially approved with an existing or proposed primary dwelling unit, either multifamily or single-family. Subsequent to this allowance in subdivision (a), subdivision (e) begins with “notwithstanding subdivisions (a) through (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-used zone to create any of the following…” before listing the four categories of subdivision (e) units.
The use of the term “any” followed by an enumeration of by-right ADU types permitted indicates that any of these ADU types can be combined on a lot. HCD notes that the Legislature, in creating the list, did not use “or” nor “one of” to indicate only one or another would be applicable to the exclusion of either the different categories of units within subdivision (e) or the unit types between subdivisions (a) and (e). Therefore, the City must ministerially permit applications subject to subdivision (e) regardless of the prior existence of a unit subject to subdivision (a).
City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 5 of 10 CITY’S RESPONSE TO FINDING #4:
We will propose that RBMC Section 10-2.1506(a)(11) be deleted as follows:
(11) One Application for Accessory Dwelling Units on Lots with Multifamily Dwellings. Where an accessory dwelling unit was constructed on a lot with a proposed or existing multifamily dwelling under Subsection (c)(2), an application may not thereafter be submitted under Subsection (b) for a streamlined accessory dwelling unit on the same lot.
HCD’S FINDING #5 REGARDING FIRE SPRINKLERS:
10-2.1506 (b)(1)(a) – Fire Sprinklers – The Ordinance creates fire safety regulations, noting that ADUs and JADUs “…shall comply with building codes, including, but not limited to, fire rating requirements.” It is worth noting that current Government Code section 65852.2, subdivision (e)(3), states “The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.” The City should update the language here to note this recent change to state law.
CITY’S RESPONSE TO FINDING #5:
We will propose that RBMC Section 10-2.1506(b)(1)(a) be amended as follows:
“a. The accessory dwelling unit or junior accessory dwelling unit complies with applicable building codes and health and safety regulations; however, the accessory dwelling unit or junior accessory dwelling unit is not required to provide fire sprinklers unless fire sprinklers are required for the primary dwelling.
FurthermoreMoreover, the construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling. All structures, however, including accessory dwelling units and junior accessory dwelling units, shall comply with building codes, including, but not limited to, fire rating requirements.”
HCD’S FINDING #6 REGARDING SEPARATE SALE:
10-2.1506 (b)(1)(b) – Separate Sale – The Ordinance states “neither the primary dwelling nor the accessory dwelling unit… shall be sold or otherwise conveyed separately from the other unit.” However, Government Code section 65852.26 creates a narrow exception to allow separate conveyance of an ADU to a qualified buyer if the property was built or developed by a qualified nonprofit corporation, among other things. The City must amend the Ordinance to note the exception.
CITY’S RESPONSE TO FINDING #6:
City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 6 of 10 We will propose that RBMC Section 10-2.1506(b)(1)b be amended as follows:
“b. The accessory dwelling unit or junior accessory dwelling unit may be rented in full or in part for the purpose of overnight lodging for terms of thirty (30) or more consecutive days, but it shall not be rented for overnight lodging or subleased for shorter terms. Neither the primary dwelling nor the accessory dwelling unit or junior accessory dwelling unit shall be sold or otherwise conveyed separately from the other unit, unless done so in accordance with Government Code section 65852.26.”
HCD’S FINDING #7 REGARDING DETACHED STRUCTRURES:
10-2.1506 (b)(2)(d) – Detached Structures – The Ordinance requires that converted units in accessory structures with single-family primary dwellings be within a “physically attached accessory structure.” However, Government Code section 65852.2, subdivision (e)(1)(A)(i), requires that “The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure….” The statute does not distinguish between attached or detached accessory structures. If the ADU is created within an existing accessory structure, regardless of whether it is attached, that ADU must be approved. The City must amend the section to include a reference to detached accessory structures.
CITY’S RESPONSE TO FINDING #7:
We will propose that RBMC Section 10-2.1506(b)(2)(d) be amended as follows:
“d. The accessory dwelling unit or junior accessory dwelling unit is wholly within the existing or proposed space of a single-family dwelling or the accessory dwelling unit is within the existing space of an physically attached accessory structure, or requires an addition of no more than one hundred fifty (150) square feet to an existing accessory structure to accommodate ingress and egress.” Please note that RMBC Section 10-2.1506 (c) already addresses this issue:, “... accessory dwelling units that are a conversion or use of an existing attached or detached structure accessory to a primary residence...” HCD’S FINDING #8 REGARDING UNIT MIXTURE ALLOWANCE:
10-2.1506 (b)(2)(c), (b)(3)(c) – Unit Mixture – The 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.” However, Government Code section 65852.2, subdivision (e)(1)(A), allows for “[o]ne accessory dwelling unit and one junior accessory dwelling unit per City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 7 of 10 lot with a proposed or existing single-family dwelling....” (Emphasis added.) Further, as indicated above, Government Code section 65852.2, subdivision (e), begins with the phrase “notwithstanding subdivisions (a) through (d), inclusive…” before requiring ministerial approval of any unit subject to the enumerated categories. Therefore, the categories of subdivisions (e)(1)(A) and (e)(1)(B), which pertain to single-family primary dwellings, must be approved in concert with one another; the categories of subdivisions (e)(1)(C) and (e)(1)(D), which pertain to multifamily primary dwellings, must be approved in concert with one another.
Furthermore, the prior existence or approval of a unit subject to subdivision (a) cannot preclude the ministerial approval of a unit subject to subdivision (e).
Therefore, the City must remove these sections.
CITY’S RESPONSE TO FINDING #8:
In addition to proposing to delete Section 10-2.1506(a)(11), we will propose deletion of Section 10-2.1506((b)(2)(c), as follows:
“(2) Within Existing Space (Single-Family) – Accessory Dwelling Units and Junior Accessory Dwelling Units.
c. The lot on which the accessory dwelling unit or junior accessory dwelling unit is located contains no more than one accessory dwelling unit or junior accessory dwelling unit.”
In addition to proposing to delete Section 10-2.1506(a)(11) and Section 10-
2.1506((b)(2)(c), we will propose deletion of Section 10-2.1506((b)(3)(c)as follows:
“(3) Detached, New Construction (Single-Family) – Accessory Dwelling Units. c. The lot on which the accessory dwelling unit or junior accessory dwelling unit is located contains no more than one accessory dwelling unit or junior accessory dwelling unit.”
HCD’S FINDING #9 REGARDING EXISTING DWELLING:
10-2.1506 (b)(5)(d) – Existing Dwelling – The Ordinance specifies that as a condition for approval of detached, new construction ADUs under section (b) of the Ordinance that “The lot on which the accessory dwelling unit is located contains an existing two-family or multifamily dwelling.” However, Government Code section 65852.2, subdivision (e)(1)(D), states that the ADUs under this subdivision may also be approved with a proposed multifamily dwelling.
CITY’S RESPONSE TO FINDING #9:
We will propose that RBMC Section 10-2.1506(b)(5)(b) be amended as follows:
City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 8 of 10 “b. The lot on which the accessory dwelling unit is located contains an existing or proposed two-family or multi-family dwelling.”
HCD’S FINDING #10 REGARDING HEIGHT:
10-2.1506 (b)(5)(d), (c)(4)(d), (c)(6) – Height – The 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 should review recent changes to state statute and must revise the height limitations accordingly.
CITY’S RESPONSE TO FINDING #10:
We will propose that RBMC Section 10-2.1506(b)(3)(f) be amended as follows:
“f. The accessory dwelling unit is located at least four (4) feet from the side and rear lot lines, is no greater than eight hundred (800) square feet in living area, and has a height of no more than sixteen (16) feet, measured from the lowest portion of the building that is above ground to the top most portion of the roof, exclusive of chimneys or vents of no more than the following:
1. Sixteen (16) feet; or
2. Eighteen (18) feet if the property is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
An additional two (2) feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.”
and propose that RBMC Section 10-2.1506(b)(5)(d) be amended as follows:
“d. The accessory dwelling unit is located at least four (4) feet from the side and rear lot lines and has a height of no more than sixteen (16) feet, measured from the lowest portion of the building that is above ground to the top most portion of the roof, exclusive of chimneys or vents of no more than the following:
1. Sixteen (16) feet; or
2. Eighteen (18) feet if the property is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 9 of 10 An additional two (2) feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.”
and propose that RBMC Section 10-21506(c)(4)(d) be amended as follows:
“d. The height of a detached an accessory dwelling unit shall be no more than sixteen (16) feet, measured from the lowest portion of the building that is above ground to the topmost portion of the roof, exclusive of chimneys or vents, shall be no more than the following:
1. Sixteen (16) feet; or
2. Eighteen (18) feet if the property is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code; or
3. Eighteen (18) feet if the property is on a lot with an existing or proposed multifamily, multistory dwelling; or
4. Twenty Five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling and that does not exceed two (2) stories.
An additional two (2) feet in height is allowed for 1, 2, and 3 above to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.”
And will propose that RBMC Section 10-2.1506(c)(6) be amended as follows:
“(6) Limits on the living area of an accessory dwelling unit based on percentage of proposed or existing primary dwelling size, lot coverage, floor area ratio, open space, or lot size shall not be used to reduce the living area of the accessory dwelling unit below 800 square feet or limit the height of the accessory dwelling unit below the following:sixteen (16) fee
1. Sixteen (16) feet; or
2. Eighteen (18) feet if the property is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code; or
3. Eighteen (18) feet if the property is on a lot with an existing or proposed multifamily, multistory dwelling; or
City of Redondo Beach Department of Community Development June 9, 2023 Ordinance No. 3210-20 Accessory Dwelling Units Page 10 of 10
4. Twenty Five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling and that does not exceed two (2) stories.
An additional two (2) feet in height is allowed under 1, 2, and 3 to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.”
In addition to proposing the revisions to the ordinances as noted above, staff is prepared to re-issue the Planning Division approval for one detached, new construction ADU and one attached, new construction ADU on the property located at 2603 Curtis Avenue. The City also requests, however, that HCD confirm that with regard to the application of the owner of 2603 Curtis Avenue in Redondo Beach, HCD interprets Government Code Section 65852.2 to require the City to approve up to four accessory dwelling units - two detached ADUs, one new construction ADU that would be attached, and one ADU converted from existing non-habitable space – to add to the four existing units on the property?
We appreciate HCD’s continued guidance as the City navigates the evolving landscape of ADU laws. Please direct correspondences to the Redondo Beach Community Development Department to me as the Director so I can efficiently respond.
Sincerely,
Brandy Forbes, AICP
Community Development Director