Administrative
Report
J.2., File # PC23-6711 Meeting Date: 9/21/2023
TO: PLANNING COMMISSION
FROM: SEAN SCULLY, ACTING COMMUNITY DEVELOPMENT DIRECTOR TITLE
PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCES AMENDING TITLE 10, CHAPTER 2, ZONING AND LAND USE AND TITLE 10, CHAPTER 5, COASTAL LAND USE PLAN IMPLEMENTING ORDINANCE OF
THE REDONDO BEACH MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS
AND DETERMINING SUCH AMENDMENTS AS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
EXECUTIVE SUMMARY
The City of Redondo Beach initially adopted the Accessory Dwelling Unit (ADU) regulations in 2019 in compliance with State law. On October 9, 2019, the California Governor signed bills amending the State laws regarding ADUs. On January 1, 2020, when those regulations became effective, any local regulations inconsistent with the State law became nullified. The City of Redondo Beach regulations did not conform to the State regulations, and therefore needed to be amended.
The City Council adopted the updated ADU regulations on January 12, 2021. The inland regulations became effective 30 days later, and the Coastal Commission confirmed certification of the coastal regulations with required modifications on November 18, 2022.
On September 28, 2022, the California Governor signed bills further amending Government Code Section 65852.2 (ADU regulations), 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.
If a local agency’s existing ADU ordinance fails to meet the requirements of the State ADU regulations, the ordinance shall be null and void and the agency shall thereafter apply the standards established under the State’s ADU regulations.
In a letter dated May 12, 2023, the California Department of Housing and Community Development (HCD) determined that the City’s ordinances do not comply with the newly-adopted State laws that went into effect January 1, 2023. On June 9, 2023 the City responded to HCD describing the amendments the City would implement in order to bring the Redondo Beach ADU regulations back into compliance.
This public hearing is for the Planning Commission to consider recommending that the City Council
J.2., File # PC23-6711 Meeting Date: 9/21/2023
This public hearing is for the Planning Commission to consider recommending that the City Council adopt the amendments to the City’s ADU regulations to bring the local regulations in compliance with State regulations and maintain that the local regulations are applicable.
BACKGROUND
On September 27, 2016, the Governor signed three legislative bills pertaining to accessory dwelling units into law. Based on that legislative action, on January 1, 2017 the State law nullified the sections of the Redondo Beach Zoning Code pertaining to second dwelling units. On October 8, 2017, the Governor signed two more legislative bills clarifying the provisions pertaining to accessory dwelling units. The State law superseded the second dwelling unit provisions in the Redondo Beach Municipal Code unless the local regulations are consistent with State law.
On April 16, 2019 City Council adopted regulations regarding Accessory Dwelling Units (ADUs) consistent with State law.
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).
The City of Redondo Beach regulations did not conform to the State regulations, and therefore needed to be amended. The City Council adopted the updated ADU regulations on January 12, 2021.
The inland regulations became effective 30 days later, and the Coastal Commission confirmed certification of the coastal regulations with required modifications on November 18, 2022 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.
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
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. Therefore, it is important that the City has local regulations in place to address these issues.
In a letter dated May 12, 2023, the California Department of Housing and Community Development (HCD) determined that the City’s ordinances do not comply with the newly-adopted State laws that went into effect January 1, 2023. Specifically, the following needed to be revised:
J.2., File # PC23-6711 Meeting Date: 9/21/2023
· Definition of Junior Accessory Dwelling Unit (JADU)
· Approval action
· Owner occupancy language
· Applications allowed
· Fire sprinkler requirements
· Separate sale language
· Detached structure allowances
· Unit mixture allowances
· Existing and proposed dwelling provisions
· Height permissions
On June 9, 2023 the City responded to HCD describing the amendments the City would implement in order to bring the Redondo Beach ADU regulations back into compliance. Those revisions have been incorporated into the proposed ordinance amendments for Planning Commission review.
This public hearing is for the Planning Commission to consider recommending that the City Council adopt the amendments to the City’s ADU regulations to bring the local regulations in compliance with State regulations and maintain that the local regulations are applicable.
ATTACHMENTS
· Planning Commission Resolution Recommending Adoption of Ordinances · Exhibit A for Planning Commission Resolution (Inland Ordinance) · Exhibit B for Planning Commission Resolution (Coastal Ordinance) · City’s response to HCD letter
· HCD letter
· Proof of public hearing notification