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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 PLAN IMPLEMENTING ORDINANCE OF THE REDONDO
BEACH MUNICIPAL CODE PERTAINING TO URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS SUBJECT TO SENATE BILL 9 (SB 9) AND
DETERMINING SUCH AMENDMENTS AS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
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 SB 9 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. 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 parts (“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 as currently drafted 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 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
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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 the 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 a 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; 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, an interim ordinance regarding any uses that may be in conflict with a 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
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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 65090 to provide adequate time to study the full impact of SB 9 to fully understand whether additional objective standards are warranted to address the potential impacts of SB 9 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. Such an 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, on February 17, 2022, July 20, 2023, and August 17, 2023, the Redondo Beach Planning Commission held duly noticed public meetings, took public testimony, and discussed and considered the Urgency Ordinance No. 3226-21 in consideration of making the urgency ordinance permanent; and WHEREAS, on September 21, 2023, the Redondo Beach Planning Commission held a duly noticed public hearing, took public testimony, discussed and considered Urgency Ordinance No. 3226-21 and the amendments proposed in this Ordinance, and approved Resolution No. 2023-09-PCR-16 recommending that City Council adopt this Ordinance to replace the urgency ordinance based on the study of SB9; and WHEREAS, the City Council intends to adopt the permanent measures related to SB9 in this Ordinance to replace the urgency ordinance based on the study of SB9; and WHEREAS, the City Council finds the amendments are exempt from the California Environmental Quality Act (CEQA) as provided in Government Code Sections 65852.21(j) and 66411.7(n); and CEQA Guidelines Sections 15060(c)(3) and 15061(b)(3); and WHEREAS, on November 7, 2023, the Redondo Beach City Council held a duly noticed public hearing, took public testimony, discussed and considered the amendments proposed in this Ordinance and approved this Ordinance for first reading and introduction; and
WHERES, on November 21, 2023, the Redondo Beach City Council approved this Ordinance for second reading and adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. RECITALS. The City Council of the City of Redondo Beach hereby incorporates and adopts the foregoing recitals and accompanying staff report as though they were fully set forth in full.
SECTION 2. AMENDMENT OF CODE. Redondo Beach Municipal Code Title 10 Planning and Zoning, Chapter 5 Coastal Land Use Plan Implementing Ordinance, Article 2 Zoning Districts, Division 1 Single-Family Residential Zones is hereby amended by adding a new Section 10-5.505 Two-unit Projects as follows:
10-5.505 Two-unit Projects
(a) Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
(b) Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
(c) Application.
(1) Only individual property owners may apply for a two-unit project. “Individual property owner" means a natural person holding fee title individually or jointly in the person' s own name or a beneficiary of a trust that holds fee title. "Individual property owner' does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for a two-unit project must be submitted on the city's approved form.
(3) The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
(4) Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(5) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
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(d) Approval.
(1) An application for a two- unit project is approved or denied ministerially, by the Community Development Director.
(2) The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
(4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code. (e) Requirements. A two-unit project must satisfy each of the following requirements:
(1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in the R-1 or R-1A Single-Family Residential Zone.
(3) Lot Location. The lot is not located on a site that is any of the following, as defined by Government Code section 65913.4(a)(6)(B)- (K). The lot is not located on a site that has any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
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f. Within a 100- year flood hazard area, unless the site has either:
1. Been subject to a Letter of Map Revision prepared
by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
2. Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g. Within a regulatory floodway, unless all development on the site has received a no- rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.
(4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of
moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code 7060- 7060.7) at any time in the 15 years prior to submission of the urban lot split application.
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d. Housing that has been occupied by a tenant in the last three years.
1. The applicant and the owner of a property for which
a two-unit project is sought must provide a sworn
statement as to this fact with the application for the
parcel map.
2. The city may conduct its own inquiries and
investigation to ascertain the veracity of the sworn
statement, including but not limited to, surveying
owners of nearby properties.
3. The city may require additional evidence of the
applicant and owner as necessary to determine
compliance with this requirement.
(6) Unit Standards.
a. Quantity.
1. No more than two dwelling units of any kind may be
built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling
unit, including, but not limited to, a primary dwelling unit, an additional primary unit created under this
section of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).
2. A lot that is not created by an urban lot split may
have a two-unit project under this section, plus any
ADU or JADU that must be allowed under state law and
the city's ADU ordinance.
b. Demo Cap. The two-unit project may not involve the
demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
c. Floor Area Ratio. The City's existing Floor Area Ratio standards for its R-1 Single-Family Residential Zone shall apply to projects within the R-1 Single-Family Residential Zone and subject to this Chapter. This floor area ratio standard shall apply to the maximum extent feasible so long as two primary dwelling units on the lot at 800 square feet each are permitted.
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d. Outdoor Living Space. The City' s existing outdoor living space standards for its R-1 and R-1A Single-Family
Residential Zones shall apply to projects subject to this Chapter. This outdoor living space standard shall apply to the maximum extent feasible so long as two primary dwelling units on the lot at 800 square feet each are permitted.
e. Tree Provisions. Environmental benefits derived by trees include the filtering of air pollutants, increasing atmospheric oxygen levels, stabilizing soils, reducing heat convection, decreasing wind speed, and reducing the negative effects of solar glare. In order to address the increased density and heat island effects of these developments, each two-unit project must provide one 24-inch box tree for every dwelling unit on site. Planting species and maintenance shall comply with the City' s Landscaping Regulations (RBMC 10-2.1900) and the City’s Objective Residential Standards adopted August 15, 2023. This tree provision standard shall apply to the maximum extent feasible so long as two primary dwelling units on the lot at 800 square feet each are permitted. If the standard must be reduced, a fee in lieu must be provided for any required tree that cannot be met in order for a tree to be planted elsewhere in the municipality.
f. Tree Replacements. Each existing mature tree with a trunk diameter of six (6) inches or greater on the site that cannot feasibly be saved for a two-unit project must each be replaced by one 36-inch or larger box tree on site. Planting species and maintenance shall comply with the City's Landscaping
Regulations (RBMC 10-2.1900). This tree replacement
standard shall apply to the maximum extent feasible so long as two primary dwelling units on the lot at 800 square feet each are permitted. If the standard must be reduced, a fee in lieu must be provided for any required replacement tree that cannot be met in order for a tree to be planted elsewhere in the municipality.
g. Unit Size Second Unit. The total floor area of any second primary dwelling unit built that is developed under this section cannot exceed 800 square feet.
h. Height and Story Second Unit. For second units proposed to be attached to an existing residence, the height and story requirements of the underlying zoning apply. For second units proposed to be detached the second unit shall be no greater ORDINANCE NO. 3267-23
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than sixteen (16) feet in height with an allowance of two (2) additional feet in height in order to match the roof pitch of the existing residence, as 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. The detached second unit shall not exceed one story in height. This height and story standard shall apply to the maximum extent feasible so long as two primary dwelling units on the lot at 800 square feet each are permitted.
i. Setbacks.
1. Generally. The City' s existing setback standards for its R-1 and R-1A Single-Family Residential Zones shall
apply to projects subject to this Chapter. This setback standard shall apply to the maximum extent feasible so
long as two primary dwelling units on the lot at 800
square feet each are permitted. The setback must be
at least four feet from the side and rear lot lines.
2. Prioritization of Setbacks. A two-unit project is not to encroach into a required front yard setback before
exhausting options to build to the rear and side yard
setbacks in order to provide two units of 800 square
feet each.
3. Exceptions. Notwithstanding subpart (e)(6) i.1. and
2. above, no setback is required for an existing legally established structure or for a new structure that is
constructed in the same location and to the same
dimensions as an existing legally established structure. j. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
1. The lot is located within one-half mile walking
distance of either:
i. a high-quality transit corridor, as defined in
subdivision (b) of Section 21155 of the Public
Resources Code; or
ii. a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
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2. There is a car share vehicle located within one block of the parcel.
k. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
I. Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city' s current building code. m. Impact Fees. Impact fees for net additional dwelling units shall be charged for a second primary unit. Impact fees for ADUs or JADUs shall comply with the regulations related specifically to those unit types.
n. Other Standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with State law.
o. Affordability. All applicable affordable housing standards shall apply to the extent these standards do not conflict with state law.
p. Architecture. All units created pursuant to this section shall use the same materials and colors as the existing primary residence (if remaining) or shall use the same materials and colors as the other proposed units.
(7) Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. (8) Regulation of Uses.
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a. No Short-term Rentals. No dwelling unit on a lot that is created by an urban lot split or with a two-unit project may be rented for a period of 30 days or less.
b. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.
(9) Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
1. Notice that construction has been authorized.
2. The anticipated start and end dates for construction.
3. The hours of construction.
4. Contact information for the project manager (for
construction-related complaints).
5. Contact information for the Building & Safety
Department.
b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and
expectation.
(10) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
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c. If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
d. If the lot is created by an urban lot split, then it is subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development and the only
development permitted on the lot are projects subject to this Chapter.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) Specific adverse impact" has the same meaning as in Gov. Code §65589.5(d)(2): " a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
(g) Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect of application of the California Coastal Act, except that the city shall not be required to hold public hearings for coastal development permit applications for two-unit projects.
(h) Remedies. If a two-unit project violates any part of this code or any other legal requirement:
(1) The city may:
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a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.
SECTION 3. CEQA. 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 Sections 65852.21(j) and 66411.7(n); and CEQA Guidelines Sections 15060(c)(3) and 15061(b)(3).
SECTION 4. INCONSISTENT PROVISIONS. 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 5. SEVERABILITY. 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 of this ordinance. The City Council hereby declares 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.
SECTION 6. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published by one insertion in the official newspaper of said City, and same shall go into effect and be in full force and operation on the date that is thirty (30) days after its final passage and adoption and the date on which the California Coastal Commission certifies the Ordinance, whichever is later.
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PASSED, APPROVED, AND ADOPTED this 21st day of November, 2023. __________________________
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ______________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk ORDINANCE NO. 3267-23
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF REONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Ordinance No. 3267-23 was introduced at a regular meeting of the City Council held on the 7th day of November, 2023, and approved and adopted by the City Council of the City of Redondo Beach, California at a regular meeting of said City Council held on the 21st day of November 2023, and there after signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Eleanor Manzano, CMC
City Clerk