ORDINANCE NO. 3265-23 AMENDS RBMC 10-5 ADU REGULATIONS COASTAL-ADOPTION 112123 f — Redondo Beach City Council, November 21, 2023

ORDINANCE NO. 3265-23
AMENDING TITLE 10 CHAPTER 5 ADU REGULATIONS COASTAL
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ORDINANCE NO. 3265-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, AMENDING TITLE 10,
CHAPTER 5 OF THE MUNICIPAL CODE PERTAINING TO

ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES

IN THE COASTAL ZONE, CONSISTENT WITH STATE LAW
WHEREAS, Section 30001.5 of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code) provides that one of the basic goals of the state for the coastal zone is to assure orderly, balanced utilization and conservation of the coastal zone resources taking into account the social and economic needs of the people of the state;
WHEREAS, Coastal Act Section 30001.5 provides that one of the basic goals of the state for the coastal zone is to maximize public access to and along the coast to maximize public recreational opportunities in the coastal zone; WHEREAS, Coastal Act Section 30004 provides that to achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement;
WHEREAS, Coastal Act Section 30005 provides that the Coastal Act is not a limitation on the power of a city to adopt and enforce regulations not in conflict with the Coastal Act or to impose further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone;
WHEREAS, Coastal Act Section 30500 provides that each local government in California lying in the coastal zone shall prepare a local coastal program for that portion of the coastal zone within its jurisdiction that shall contain a specific public access component to assure that maximum public access to the coast and public recreation areas is provided;
WHEREAS, Coastal Act Section 30519 provides that development review authority shall be delegated by the Coastal Commission to the local agency through a certified local coastal program;
WHEREAS, the California Coastal Commission certified the local coastal program of the City of Redondo Beach (LCP) on June 18, 1981 and subsequently certified amendments to the LCP;
WHEREAS, the LCP provides that by requiring adequate parking for new developments within the coastal zone in the past, the City has assured adequate parking ORDINANCE NO. 3265-23
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accessibility to the beach and the Harbor-Pier area and that this policy will be continued by assuring the adoption of adequate parking standards in the implementing ordinance of the LCP;
WHEREAS, the LCP provides that the total supply of on-street parking within the Coastal Zone will be retained to assure adequate parking access to the beach and Harbor-Pier area;
WHEREAS, the LCP provides that multifamily dwellings must provide two parking spaces per unit as well as one guest space per every three residential units in the Coastal Zone;
WHEREAS, the LCP provides that major usage of on-street parking in the Coastal Zone shall be for recreational parking needs;
WHEREAS, a 1978 beach user’s survey indicated that 70% of the beachgoers in the City of Redondo Beach access the beach by automobile; WHEREAS, the LCP requires adequate parking for new developments within the Coastal Zone;
WHEREAS, the City of Redondo Beach implements the LCP through its Coastal Land Use Plan Implementation Ordinance set forth in Redondo Beach Municipal Code Chapter 10-5;
WHEREAS, Chapter 10-5 provides that the broad purposes of the Zoning Ordinance for the coastal zone are, among other things, to maximize public access, ensure compatibility between land uses, and ensure adequate provision of off-street parking;
WHEREAS, the Housing Element of the General Plan of the City of Redondo Beach provides that the City should enhance the availability of suitable sites for housing development which can accommodate a range of housing by type, size, location, price, and tenure;
WHEREAS, the Housing Element provides that the City should allow flexibility within the City’s standards and regulations to encourage a variety of housing types; WHEREAS, the Housing Element provides that the City should mitigate any potential governmental constraints to housing production and affordability; WHEREAS, the Housing Element provides that the City should review and adjust as appropriate residential development standards, regulations, ordinances, departmental processing procedures, and residential fees related to rehabilitation and construction that ORDINANCE NO. 3265-23
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are determined to be a constraint on the development of housing, particularly housing for lower and moderate income households and for persons with special needs; WHEREAS, accessory dwelling units (ADUs) provide a community benefit by expanding the number and type of residential facilities available and assist ADU owners by providing additional affordable space for housing family or friend and/or revenue that may be used for maintenance, upgrades and other costs, in conformance with the Goals, Policies, and Programs of the Housing Element of the City’s General Plan; WHEREAS, if not regulated, ADUs can create nuisances such as overcrowding, illegal vehicle parking, traffic-flow disruptions, and loss of off-street parking in the coastal zone that will inhibit access to publicly accessible beaches and the Harbor-Pier area. The restrictions of the ADU Ordinance Amendment are necessary to prevent a burden on City services, potential adverse impacts on residential neighborhoods, and loss of public access to the City’s public beaches and Harbor-Pier area posed by ADUs; WHEREAS, on October 9, 2019, the California Governor signed bills amending State law (in signature order: Senate Bill 13, Assembly Bill 68, and Assembly Bill 881, Statutes of 2019), effective January 1, 2020, that require the City of Redondo Beach to amend the Zoning Ordinance to conform to State Government Code Sections 65852.2 and 65852.22, seeking to ease the development standards for ADUs and allow the creation of Junior Accessory Dwelling Units (JADUs);
WHEREAS, Government Code Section 65852.2 states that, “Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the Coastal Act except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units;”
WHEREAS, under Government Code Section 65852.2 the City of Redondo Beach may, by ordinance, provide for the creation of ADUs in residentially zoned areas in the coastal zone and impose standards on ADUs that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places;
WHEREAS, the purpose of this Ordinance is to implement Government Code Sections 65852.2, as amended, and to provide for the health, safety, and welfare of City of Redondo Beach citizens by ensuring that development standards are established for ADUs, JADUs, and combinations thereof that account for local field conditions; WHEREAS, this ADU Ordinance Amendment is consistent with Government Code section 65852.2 and the Coastal Act in so far as it attempts to comply with the standards in section 65852.2 to the greatest extent feasible while including limited modifications to protect coastal resources in the coastal zone of the City; ORDINANCE NO. 3265-23
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WHEREAS, requiring ADUs to provide off-street parking in neighborhoods adjacent to publicly accessible beaches and the Harbor-Pier area will enhance coastal resources, namely coastal access;
WHEREAS, the adoption of parking standards for ADUs in this Ordinance implements the LCP by promoting the City’s beach access policies to diligently enforce parking standards and retain the total supply of on-street parking; WHEREAS, under Government Code Sections 65852.2(d) and (e), the City is not permitted to require replacement of off-street parking spaces lost through conversion of private garages, carports, or covered parking structures to ADUs and is required to approve conversions of off-street parking spaces to ADUs within existing multifamily residential buildings at a ratio of up to one ADU for every four units in a multifamily building;
WHEREAS, the conversion of private garages, carports, and covered parking structures to ADUs in the coastal zone could result in the loss of substantial off-street parking spaces;
WHEREAS, 3,207 dwelling units in multifamily residential buildings of four or more units currently located in the coastal zone are eligible to convert off-street parking spaces to accessory dwelling units, which, along with conversions of off-street parking spaces in multifamily buildings of two and three units, could cause a potential loss of more than 748 off-street parking spaces in the coastal zone;
WHEREAS, the loss of off-street parking spaces in the coastal zone resulting from the City’s application of the off-street parking provisions of Government Code Section 65852.2 could significantly undermine a core policy of the Coastal Act and the LCP to maximize public access to the beach and Harbor-Pier area; WHEREAS, the State provided in Government Code Section 65852.2(l) that nothing in Section 65852.2 shall supersede or in any way alter or lessen the effect of the Coastal Act;
WHEREAS, in accordance with Government Code Section 65852.2(l), the City had proposed requiring at least one off-street parking space for each ADU in the coastal zone to achieve a reasonable balance between the objective of Section 65852.2 to encourage the development of accessory dwelling units and the strong public policy of the Coastal Act and the LCP to maximize public access to the beach and Harbor-Pier area; WHEREAS, on December 8, 2020, the Redondo Beach City Council conducted a duly noticed public hearing, accepted public testimony, and introduced Ordinance 3211- 20 amending the Coastal Land Use Implementing Ordinance provisions pertaining to accessory dwelling units;
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WHEREAS, on December 8, 2020 the City Council adopted a resolution authorizing the transmittal of this Ordinance to the California Coastal Commission for consideration for certification as compliant with the Coastal Act and the LCP; WHEREAS, on January 12, 2021, the City Council approved and adopted Ordinance 3211-20 amending the Coastal Land Use Implementing Ordinance provisions pertaining to accessory dwelling units;
WHEREAS, following the City’s adoption of Ordinance 3211-20, the City submitted the Ordinance to the California Coastal Commission and requested that the Commission certify that Ordinance 3211-20 complies with the Coastal Act and the LCP; WHEREAS, on April 6, 2022, the California Coastal Commission approved with modifications Local Coastal Program (LCP) Major Amendment LCP-5-RDB-21-0017-1 that replaces the Ordinance 3211-20 regulating second units in single-family and multifamily residential zones, to defining ADUs and JADUs, and clarifying development standards for accessory units, including limits on size, height, and setbacks; WHEREAS, to promote the core policy of the Coastal Act and the LCP to maximize public access to the beach and Harbor-Pier area, the California Coastal Commission approved modifications to the Ordinance 3211-20 by requiring replacement of off-street parking when parking is demolished or converted for construction of an accessory dwelling unit, and by requiring one off-street parking space per ADU in a designated parking overlay;
WHEREAS, the modifications to Ordinance 3211-20 would not be effective and could not be implemented in the City’s coastal zone until:
1) The City Council adopts the Commission’s suggested modifications within six months after the California Coastal Commission’s April 6, 2022 action (adopted September 20, 2022),
2) The City Council forwards its resolution adopting the suggested modifications to the Commission by resolution (forwarded to California Coastal Commission on October 7, 2022),
3) The Coastal Commission Executive Director certifies that the City has complied with the Commission’s April 6, 2022 action (letter dated November 1, 2022 from Executive Director certifying compliance), and
4) The Coastal Commission concurs with the Executive Director’s determination that the action by the City Council adopting the suggested modifications is legally adequate (concurrence at November 18, 2022 California Coastal Commission meeting).

WHEREAS, on August 16, 2022, the City Council conducted a duly noticed public hearing, accepted public testimony, and introduced Ordinance 3242-22 amending the ORDINANCE NO. 3265-23
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Coastal Land Use Implementing Ordinance provisions pertaining to accessory dwelling units with the California Coastal Commission’s modifications; WHEREAS, on September 20, 2022, the City Council adopted a resolution authorizing the transmittal of this Ordinance to the Coastal Commission and requesting that the Commission certify that the Ordinance complies with the Coastal Act and the LCP;
WHEREAS, on September 20, 2022, the City Council approved and adopted Ordinance 3242-22 amending the Coastal Land Use Implementing Ordinance provisions pertaining to second units with the California Coastal Commission’s modifications; WHEREAS, on October 7, 2022 the City submitted the adopted ordinance to the California Coastal Commission;
WHEREAS, on November 1, 2022 the Coastal Commission Executive Director issued a letter certifying that the City has complied with the Commission’s April 6, 2022 action;
WHEREAS, at its November 18, 2022 meeting, the Coastal Commission concurred with the Executive Director’s determination that the City Council’s adoption of the suggested modifications is legally adequate and, therefore, certified; WHEREAS, on September 28, 2022, the California Governor signed bills further amending Government Code Section 65852.2 (in signature order: Senate Bill 897, Assembly Bill 2221, and Senate Bill 916, Statutes of 2022), effective January 1, 2023, that require the City of Redondo Beach to update its Zoning Ordinance to conform to the amendments to Government Code Section 65852.2;
WHEREAS, if a local agency’s existing accessory dwelling unit ordinance fails to meet the requirements of Sections 65852.2 and 65852.22, the ordinance shall be null and void and the agency shall thereafter apply the standards established under Sections 65852.2 and 65852.22 for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with Sections 65852.2 and 65852.22; WHEREAS, the City of Redondo Beach’s existing ADU ordinance in the coastal zone incorporating the California Coastal Commission amendments on September 20, 2022 with confirmed certification by the California Coastal Commission on November 18, 2022 does not conform to the newly adopted amendments to Section 65852.2; WHEREAS, the purpose of this Ordinance is to implement Section 65852.2, as amended, and provide for the health, safety, and welfare of City of Redondo Beach citizens by ensuring that development standards are established for ADUs and JADUs that account for local conditions;
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WHEREAS, this Ordinance applies to the issuance of building permits and other ministerial permits that pertain to ADUs and JADUs;
WHEREAS, this Ordinance is consistent with Government Code sections 65852.2 and 65852.22, as amended, insofar as it attempts to comply with the standards of section 65852.2 and 65852.22, as amended to the greatest extent feasible; WHEREAS, this Ordinance is consistent with the Coastal Land Use Plan Implementing Ordinance, the Housing Element of the General Plan, and other regulations of the City of Redondo Beach;
WHEREAS, on September 21, 2023, the Redondo Beach Planning Commission held a duly noticed public hearing, took public testimony, and considered the amendments proposed in this Ordinance, and approved Resolution 2023-09-PCR-15 recommending that City Council adopt the amendments;
WHEREAS, on October 17, 2023, the Redondo Beach City Council held a duly noticed public hearing, took public testimony, and considered the amendments proposed in this Ordinance and approved this Ordinance for first reading and introduction; WHERES, on November 21, 2023, the Redondo Beach City Council approved this Ordinance for second reading and adoption.

THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA DOES HEREBY FIND AS FOLLOWS:

SECTION 1. FINDINGS.

A. In compliance with the California Environmental Quality Act of 1970, as amended (CEQA), and State and local guidelines adopted pursuant thereto, the City Council of the City of Redondo Beach determined that the Municipal Code amendments qualify for CEQA statutory and general rule exemptions. Under Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code (i.e. the State Accessory Dwelling Unit law). Furthermore, the adoption of an ordinance to implement state law will not result in direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c)(2)) and the activity is not considered a project under CEQA and therefore qualifies for the general rule exemption under Section 15061(b)(3) of the CEQA Guidelines.

B. The amendments to the Coastal Land Use Plan Implementation Ordinance are consistent with the General Plan and Local Coastal Program.

C. These amendments do not require a vote of the people under Article XXVII of the City Charter.

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SECTION 2. The above recitals are true and correct and are incorporated herein by reference as if set forth in full.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, ORDAINS AS FOLLOWS:

SECTION 3. AMENDMENT OF CODE. The following terms and definitions are hereby amended to read as follows in Title 10, Chapter 5, Article 1, Section 10-5.402 (a) of the Redondo Beach Municipal Code.
(104.5) “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 or multi-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.

SECTION 4. AMENDMENT OF CODE. Title 10, Chapter 5, Article 3, Division 1, Section 10-5.1506, of the Redondo Beach Municipal Code is hereby amended to read as follows:
10-5.1506 Accessory dwelling units in single-family and multi-family residential zones.

Accessory dwelling units and junior accessory dwelling units shall be permitted uses in areas zoned to allow single-family or multifamily dwelling residential use on lots that contain a proposed or existing single-family dwelling or a proposed or existing multifamily dwelling, provided that the unit complies with this Section.

An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements of this Section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the existing General Plan and zoning designations for the lot. In addition, accessory dwelling units shall comply with the following standards:
(a) Review and approval.
(1) Ministerial Approval. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding any local ordinance regulating the issuance of variances or special use permits. (2) Building Permit. Accessory dwelling units and junior accessory dwelling units require a building permit issued in conformance with all Building Codes and this Section. This Section shall not validate any existing ORDINANCE NO. 3265-23
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accessory dwelling unit or junior accessory dwelling unit constructed without the benefit of City-issued permits.
(3) Approval Period.
a. If there is an existing single-family or multi-family dwelling on the lot, the Community Development Director and Chief Building Official shall 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.
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 a complete and Code compliant application.
c. If the applicant requests a delay of the City’s action on the application for an accessory dwelling unit, the sixty (60)-day time period shall be tolled for the period of the delay.
d. For either option in paragraphs b or c, the certificate of occupancy for the accessory dwelling unit shall not be issued before the certificate of occupancy for the primary dwelling unit. e. The City may charge a fee to reimburse it for costs incurred to implement the approval process in paragraphs b and c, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) Noncompliant Proposals. If the requirements of this Section are not met, the proposed accessory dwelling unit or junior accessory dwelling unit cannot be approved under this Section. Notwithstanding the foregoing, applicants may seek approval of the unit, addition, or renovation under the city’s generally applicable standards and procedures, including a variance under Section 10-5.2510.

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(5) Conversion of Existing Residence. An existing residence may be converted to an accessory dwelling unit in conjunction with development of a new primary dwelling unit, so long as the primary dwelling unit meets required development standards.
(6) Existing Accessory Dwelling Unit. An existing accessory dwelling unit or junior accessory dwelling unit may be enlarged or modified only in accordance with the requirements of this Section.
(7) Density. To the extent required by California Government Code Section 65852.2, an accessory dwelling unit or junior accessory dwelling unit built in conformance with this Section does not count toward the allowed density for the lot upon which the accessory dwelling unit is located. (8) General Plan and Zoning Designations. Accessory dwelling units and junior accessory dwelling units approved in compliance with this Section are a residential use that is consistent with the City’s General Plan and Zoning Ordinance.
(9) Clean and Waste Water. Accessory dwelling units shall not be approved absent a finding of adequate water supply and wastewater treatment capacity.
a. For accessory dwelling units or junior accessory units built within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, the accessory dwelling unit can be accommodated with the existing water service and existing sewer lateral or septic system, insofar as evidence is provided that the existing water service and existing sewer lateral or septic system has adequate capacity to serve both the primary residence and accessory dwelling unit. No additional water meter shall be required, unless requested by the applicant.
b. Applicants that meet the requirements for streamlined approval of accessory dwelling units or junior accessory units built within existing space of a single-family dwelling or accessory structure under Subsection (b)(2) of this Section shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
c. Applicants that meet the requirements for streamlined approval of accessory dwelling units under Subsection (b)(3)-(5) of this Section or for other accessory dwelling units under Subsection (c) may be required to install a new or separate utility connection directly ORDINANCE NO. 3265-23
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between the accessory dwelling unit and the utility. Applicants may be required to pay a connection fee or capacity charge proportionate to the burden of the proposed accessory dwelling unit on the water or sewer system based on either its living area or its DFU values as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, as codified in the California Plumbing Code.
(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 singlefamily residential zones, the primary unit or an accessory dwelling unit shall be occupied by the owner of the property.
(b) Standards for streamlined accessory dwelling units.

Under California Government Code Section 65852.2(e), the City shall approve the following streamlined accessory dwelling units if the specified development standards and use restrictions are met:
(1) Standards applicable to all streamlined accessory dwelling units and junior accessory dwelling units.
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. Moreover, 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 and setbacks established in the LCP where required to comply with the coastal resource protection policies of the LCP.
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.

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c. If the accessory dwelling unit or junior accessory dwelling unit will be connected to an onsite water treatment system, the applicant may be required to submit a percolation test completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years.
d. The applicant shall provide one off-street parking space per accessory dwelling unit that complies with the requirements of Section 10-5.1704 on the same lot as the accessory dwelling unit and dedicated for non-exclusive use by the occupant(s) of the accessory dwelling unit on lots located along and west of Catalina Avenue, including lots fronting the inland side of Catalina Avenue from Knob Hill Avenue to Paseo de la Playa, as shown in the Accessory Dwelling Unit Parking Overlay as depicted in Figure 1. For all other areas, the applicant shall provide one parking space, except if one of the following parking exemptions applies, in which case no parking is required:

1. The ADU would be located within the existing primary dwelling or all or part of an existing accessory structure.

2. The ADU would be located within a half mile of public transit.

3. The ADU would be located in an architecturally or
historically significant district.

4. The ADU would be located on a property within one block of a designated car share parking location.

Notwithstanding any other provisions of this Code, the required parking space may be located as a tandem space in an existing driveway or in the required setbacks, and may have a permeable, allweather surface, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions. The parking space for the primary dwelling and the accessory dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, enclosed spaces, unenclosed spaces, or tandem spaces, or by the use of mechanical automobile parking lifts; provided that the spaces and driveway comply with the requirements of Section 10-5.1704.

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When a private garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit or converted to a junior accessory dwelling unit or an accessory dwelling unit, replacement off-street parking spaces are required unless existing off-street parking exists that provides the minimum number of required off-street parking spaces for the primary structure(s).
(2) Within Existing Space (Single-Family) – Accessory Dwelling Units and Junior Accessory Dwelling Units.
a. The accessory dwelling unit or junior accessory dwelling unit is located in a zoning district that allows single-family residential use. b. The lot on which the accessory dwelling unit or junior accessory dwelling unit is located contains an existing or proposed single-family dwelling.
c. 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 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.
d. The accessory dwelling unit or junior accessory dwelling unit has exterior access independent from the existing single-family dwelling.

Applicants are encouraged to locate the exterior access so that it does not face the front property line.
e. The junior accessory dwelling unit is no greater than five hundred (500) square feet in living area.
f. The existing single-family dwelling or accessory structure has side and rear setbacks sufficient for fire and safety. If the existing dwelling or structure complies with the City’s setback requirements as described in this Code, it shall automatically meet this standard. g. If a junior accessory dwelling unit is proposed, it complies with the requirements of California Government Code section 65852.22.

1. This includes the requirement of a recorded deed restriction for the junior accessory dwelling unit, which shall run with the land and be filed with the permitting agency, that prohibits the sale of the junior accessory dwelling unit separate from the ORDINANCE NO. 3265-23
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sale of the single-family residence, including a statement that the deed restriction may be enforced against future
purchasers. The deed restriction includes a restriction on the size and attributes of the junior accessory dwelling unit in conformance with the Redondo Beach Municipal Code and
California Government Code Section 65852.22.

2. This includes the requirement that either the primary unit or the junior accessory dwelling unit shall be occupied by the owner of the property. Prior to the issuance of a building permit for the junior accessory dwelling unit, a covenant shall be recorded that specifies that no more than one of the units may be rented. The owner must live primarily in one of the units. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing
organization.
(3) Detached, New Construction (Single-Family) – Accessory Dwelling Units.
a. The accessory dwelling unit is located in a zoning district that allows single-family residential use.
b. The lot on which the accessory dwelling unit is located contains an existing or proposed single-family dwelling.
c. The accessory dwelling unit is detached from the single-family dwelling.
d. The accessory dwelling unit is new construction.
e. 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, 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; or
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3. An additional two (2) feet in height is allowed under 2 to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. f. Due to fire and life safety building standards, the minimum distance between a dwelling unit and an accessory structure, or between two (2) accessory structures on the same site shall be five (5) feet, unless the structure otherwise meets the Building Code for fire rating. (4) Wholly Within Existing Space or Proposed Multifamily Project (TwoFamily or Multifamily) – Accessory Dwelling Units. a. The accessory dwelling unit is located in a zoning district that allows residential use.
b. The lot on which the accessory dwelling unit is located contains an existing or proposed two-family or multifamily dwelling. c. The accessory dwelling unit is located within a portion of the existing two-family or multifamily dwelling structure that is not used as living area.
d. The total number of accessory dwelling units within the dwelling will not exceed twenty-five percent (25%) of the existing number of primary dwelling units within the existing two-family or multifamily dwelling structure, provided that all two-family or multifamily dwellings shall be permitted at least one accessory dwelling unit. (5) Detached, New Construction (Two-Family or Multifamily) – Accessory Dwelling Units.
a. The accessory dwelling unit is located in a zoning district that allows residential use.
b. The lot on which the accessory dwelling unit is located contains an existing or proposed two-family or multifamily dwelling. c. The accessory dwelling unit is detached from the two-family or multifamily dwelling.
d. The accessory dwelling unit is located at least four (4) feet from the side and rear lot lines and has a height, 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:

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1. Sixteen (16) feet; or

3. Eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling; or

4. An additional two (2) feet in height is allowed under 2 to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. e. Two (2) detached accessory dwelling units are permitted per lot. f. Due to fire and life safety building standards, the minimum distance between a dwelling unit and an accessory structure, or between two (2) accessory structures on the same site shall be five (5) feet, unless the structure otherwise meets the Building Code for fire rating. (c) Standards for other accessory dwelling units.

These criteria cover accessory dwelling unit applications that do not meet the criteria under California Government Code Section 65852.2(e) for streamlined accessory dwelling units, including accessory dwelling units that are a conversion or use of an existing attached or detached structure accessory to a primary residence and expansion of an existing single family unit beyond one hundred fifty (150) square feet for ingress and egress for an attached accessory dwelling unit.

Applications under this Subsection (c) shall be limited to one accessory dwelling unit per lot.

Any accessory dwelling unit that does not meet the criteria of Subsection (b) shall meet the following development standards and use restrictions:
(1) The accessory dwelling unit is located in a zoning district that allows single-family or multi-family residential use.
(2) The lot on which the accessory dwelling unit is located contains an existing or proposed single-family dwelling or multifamily dwelling. (3) The lot on which the accessory dwelling unit is located does not contain another accessory dwelling unit or junior accessory dwelling unit.

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(4) The accessory dwelling unit meets all nondiscretionary requirements for any single-family dwelling located on the same parcel lot in the same zoning district. These requirements include, but are not limited to, building height, setback, site coverage, floor area ratio, building envelope, payment of any applicable fee, and building code requirements. The following exceptions to these requirements apply:
a. No setback is required for an accessory dwelling unit located within an existing living area or existing accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced. A side and rear yard setback of at least four (4) feet is required for all other accessory dwelling units or portions thereof, including new structures that exceed the footprint of the structure being replaced.
b. The minimum distance between a dwelling unit and an accessory structure, or between two (2) accessory structures on the same site shall be five (5) feet.
c. The minimum lot area per dwelling unit required by the applicable district shall not apply.
d. The height of an accessory dwelling unit, 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

3. Eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling; or

4. An additional two (2) feet in height is allowed under 2 to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or

5. Twenty Five (25) feet or the height limitation in the local zoning ordinance that applies to the primary dwelling,
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whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling and that does not exceed two (2) stories.
e. The only architectural and design standards that apply to accessory dwelling units are as follows:

1. The accessory dwelling unit shall use similar exterior siding materials, colors, window types, door and window trims, roofing materials, and roof pitch as the primary dwelling.

2. If the accessory dwelling unit is attached to a primary dwelling, the accessory dwelling unit shall have an entrance separate from the primary dwelling located so that it is not visible from a public street, where feasible.

3. The entrance to a detached accessory dwelling unit shall be located at least four (4) feet from any property line.

Applicants are encouraged to locate the entrance at least ten (10) feet from any property line.

4. If the property abuts an alley, any driveway access for an ADU must be provided through the alley.

5. For accessory dwelling units attached to a single-family primary dwelling unit, new entrances and exits are allowed on the side and rear of the structures only.

6. The City shall apply the Preservation Ordinance, Chapter 10-4 of the Redondo Beach Municipal Code, to an application for an accessory dwelling unit under this Subsection,
including, but not limited to, the enforcement of an existing or future contract between the applicant and the City under the Mills Act (Cal. Government Code Sections 50280-50290 and California Revenue and Taxation Code Sections 439-439.a) to preserve and/or restore a historic structure.
f. Under California Government Code Section 65852.2, no passageway is required in conjunction with the construction of an accessory dwelling unit. “Passageway” is defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

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g. The accessory dwelling unit is not required to provide fire sprinklers unless fire sprinklers are required for the primary singlefamily dwelling. (5) The living area of the accessory dwelling unit shall not exceed eight hundred fifty (850) square feet for studios or one-bedroom accessory dwelling units or one thousand (1,000) square feet for accessory dwelling units that provide more than one bedroom.
(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 eight hundred (800) square feet or limit the height of the accessory dwelling unit below the following:

1. Sixteen (16) feet; or

3. Eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling; or

4. An additional two (2) feet in height is allowed under 2 to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or

5. 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.
(7) The minimum living area of the accessory dwelling unit shall be no less than one hundred fifty (150) square feet or the minimum required for an efficiency dwelling unit as defined in Health and Safety Code Section 17958.1, as may be amended from time to time.
(8) Parking.
a. The applicant shall provide one off-street parking space for each accessory dwelling unit that complies with the requirements of Section 10-5.1704 on the same lot as the accessory dwelling unit and dedicated for non-exclusive use by the occupant(s) of the ORDINANCE NO. 3265-23
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accessory dwelling unit on lots located along and west of Catalina Avenue, including lots fronting the inland side of Catalina Avenue, from Knob Hill Avenue to Paseo de la Playa, as shown in the Accessory Dwelling Unit Parking Overlay depicted in Figure 1. For all other areas, the applicant shall provide one parking space, except if one of the following parking exemptions applies, in which case no parking is required:

1. The ADU would be located within the existing primary dwelling or all or part of an existing accessory structure.

2. The ADU would be located within a half mile of public transit.

3. The ADU would be located in an architecturally or
historically significant district.

4. The ADU would be located on a property within one block of a designated car share parking location.

When a private garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit or junior accessory dwelling unit, replacement off street parking spaces are required unless existing uncovered off-street parking exists that provides the minimum number of required off-street parking spaces for the primary structure(s).
b. Notwithstanding any other provisions of this Code, the required parking space may be located as a tandem space in an existing driveway or in the required setbacks, and may have a permeable, allweather surface, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. All parking spaces provided shall have dimensions that conform with the requirements of Section 10-5.1704.
c. The parking spaces for the primary dwelling and the accessory dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, enclosed spaces, unenclosed spaces, or tandem spaces, or by the use of mechanical automobile parking lifts; provided, that the spaces and driveway comply with the requirements of Section 10-5.1704.

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(9) The 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 or subleased for shorter terms. Neither the single-family primary dwelling nor the accessory dwelling unit shall be sold or otherwise conveyed separately from the other unit.
(10) No impact fees, as defined in Government Code Section 65852.2(f), shall be imposed on any accessory dwelling unit or junior accessory dwelling unit with a living area of less than seven hundred fifty (750) square feet. Impact fees for all other accessory dwelling units shall be charged proportionately in relation to the square footage of the primary dwelling unit.

SECTION 5. CODE FIGURE TO REMAIN. Title 10, Chapter 5, Article 3, Division 1, Section 10-5.1506, of the Redondo Beach Municipal Code Figure .1 Accessory Dwelling Unit Parking Overlay map included as Exhibit A to Ordinance 3242-22 shall remain in effect as previously adopted.

SECTION 6. 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 7. SEVERANCE. 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 the 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 8. FORWARD TO CALIFORNIA COASTAL COMMISSION AND DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. The City Clerk shall forward a copy of this Ordinance to the California Coastal Commission and the California Department of Housing and Urban Development so the above noted State Departments will be informed of and have the opportunity to comment on the action of the City Council and the California Coastal Commission shall have the opportunity to consider this Ordinance for certification as compliant with the Coastal Act and the City’s Local Coastal Program.

SECTION 9. 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. 3265-23
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of Redondo Beach, California, do hereby certify that Ordinance No. 3265-23 was introduced at a regular meeting of the City Council held on the 17th day of October, 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

Redondo Beach City CouncilNovember 21, 2023

Redondo Beach City Council
November 21, 2023